i'll be back with more in three hours. first, the texas attorney general filed a lawsuit against the obama administration directive on transgender student bathroom use. that and much more when "mtp daily" starts right now. it's wednesday. forget factors like clinton fatigue and trump's shock and awe an particular. the biggest driver in this election could be economic anxiety and expanding urban/rural divide is the real fault line in american politics. this is "mtp daily," and it starts right now. ♪ and good hutchday even. i'm chalk todd here in new york. welcome to "mtp daily." there are a lot of consequential thing happening today, the lease of which actually is what provided most of the pictures this afternoon of politics. of course protesters engaging

with trump supporters outside his latest event. this one was in anaheim. it fits a pattern where trump runs into more protesters when there is high hispanic populations in those cities. happened in albuquerque and now in anaheim. this is an impending trump phone call with paul ryan tonight. that matters a lot. a major legal step in the transgender legal rights fight. we'll talk exclusively with the texas attorney general later this hour. we begin with one of the biggest issues dogging the clinton campaign. as a state department reports blasts hillary clinton's private server use. the audit reveals that clinton did violate state department e-mail rules. the inspector general writes this, quote, at a minimum, secretary clinton sure surrendered all e-mails dealing with department issues before leaving government service. period. clinton is expected shortly at a campaign stop in southern california. we've yet to hear directly from the candidate on the report. she did not take any questions

as she left an earlier event today. but her campaign is stressing that the e-mail practices fell in line with the status quo at the time. >> this was widespread, and the use of personal e-mail was still permitted at the time when she took over. so a lot of those rules that evolved that you mention happened after she left. >> yes, the report confirms there was nothing nefarious about her actions. the audit also states collin powell did not comply on the personal e-mail rules as secretary of state either. and sites long standing systemic problems in state's i.t. but the report is undeniable and feeding into the attack line that the clinton's play by their own set of rules. something donald trump was all too eager to pounsz on during that anaheim rally a short time ago. >> she is as crooked as they come. she had a little bad news today.

as you he no, from some reports came down that weren't so good. the inspector general's report. not good. it could be we're going to run against crazy bernie. that could be. could be. crazy bernie. he is a crazy man. but that's okay. we like crazy people. >> well who knew that he had a nickname for bernie sanders? anyway we'll have much more on the developing story on e-mails throughout the hour. right now i want to turn to the state of social and economic unrest in the age of trump. it is the real driver of this election. as we showed you, here are some pictures of what was a massive security response out of trump's rally in anaheim, california, which wrapped up just a short time ago. we're talking about dozens of police departments from orng county and l.a. county. police were taking no chances today after the turbulent scene last night in afl berky after protests near a trump even turned violent. several officers were injured. police used pepper spray on the crowds. at least one person was

arrested. bottom line, it was a total and complete mess. in addition the site of today's trump rally was miles away from costa mesa where at least 17 people were arrested amid a clash with police. folks, this country couldn't be more divided between urban american and rural america, both geographically and culturally. the common thread is that these anti-trump protests are taking place in areas with heavy hispanic populations. when trump goes into a non-white populations you get protests and the rallies see unrest. hillary clinton's campaign believe they have found trump's crypt night and they have tried to mobilize their party infrastructure around one line of attack. they hope they have found the right one. the economic unrest is real. fascinating piece in the "new york times" this morning reports that fewer and fewer americans are moving in search of new

jobs. which in and of itself is actually hurting the economic recovery. are they staying put bass they love their current job? or are they sticking with mediocre jobs because they are terrified of changing? perhaps they are staying put for political reasons. we are seeing stark urban versus rural political twids in this race. this is this economic unrest the democrats have on their side as the key of taking down trump and what republicans believe is their best way into the white house. democrats have gone full bore on an attack highlighting comments trump made in 2006 when said he sort of hoped for the housing bubble to burst so he could buy property at lower prices. on the trail, hillary clinton is trying to hammer trump every chance she gets on this specific issue. in fact, here she is again today. >> i want you to know that trump actually rooted for the housing crash that caused 5 million families their homes. i'm not making this up.

he bragged about what he did. he said, and i'm quoting now, that's the kind of thinking our country needs. so a good result in donald trump's world is he gets his, and you get hurt. so instead of dividing americans, we need to unite americans. >> and here's senator elizabeth warren's attack on trump last night. >> what kind of a man roots for people to get thrown out of their house? what kind of man roots for people to get thrown out of their jobs, to root for people who lose their pensions? i'll tell you exactly what kind of a man does that. it is a man who cares about no one but himself. a small -- [ applause ] -- a small, insecure, money

grubber who doesn't care who gets hurt so long as he makes a profit off it. >> democrats on capitol hill held a press conference today specifically to do what? slam trump on those comments. boy, can you tell that the democratic party is in unity here? this is exhibit a, and what a coordinated party effort looks like. and in this case they are trying to paint trump as a business fraud whoe essentially doesn't care about people like you. and will bankrupt the american economy. look, the unrest on the trail is also part of the democratic argument against trump that is built on social unrest. he argue that trump dwits marginalizes, when he fans the flame of controversy and unrest. but, the big question is, will these attacks work? trump refusals in his role as a disrupter, it is his single biggest advantage over hillary clinton. in our last poll trump dominates clinton on the question of this, changing business as usual in washington.

and that may trump everything, no pun intended. on economic matters, it's trump that leads clinton by double digits. says something, doesn't it? you have to wonder. failed business ventures like trump university and trump steaks haven't hurt trump on that question. not to mention his four business bankruptcies. do you think this will? look, this is what this is about. there is great political question out there that mattered a lot in romney/obama, who is the candidate that cares about people like me? obama won that question. he won the election. right now, clinton is hoping she can win that question-and-answer that question over trump. and right now that's up for g grabs. let's dive. >> i'm joined by barbara boxer a senator from california. it's obviously on one hand it is a coordinated democratic effort, a reminder that democrats might end up being more united than republicans on the presidential

level. let me and it this way, trump's defense on this is hey you know what people are looking for a businessman who will -- who will try different things, who won't just go along with the same old same old that hasn't worked for them. what do you tell those voters? >> here's what i think we say. you have a presidential candidate who says he wants to make america great. and when someone tells you that, you have to look at what they have done already in their life to make america great. look, the man is running for the highest office in the land. so you look at what he did. and i don't know how it makes america great when you are rooting for a recession that's decimating so many families. >> was it a rooting. >> let me just finish. >> it was in passing. he said i sort of hope. >> excuse me. he said he was excited about the tuchblt you can read his words. and you can read into them anything you want. the fact is, come to california.

we still have people who are struggling because the housing market took such a hit. several states, california, florida, and arizona were the worst hit. and i know what it was like there. people in tears. families in troubles. and when you hear -- it's kinds of the wall street thing greed. it doesn't matter what happens to you. you are not important america's feels, but i'm important. i can add millions more to my portfolio. but that's not all. you say you want to make america great. and when you have a chance to create jobs. you manufacture in china? which is what he did. you want to make america great, and you insult, you know, two thinker of the people -- women and disabled, and veterans and latinos and muslims -- and i could go on and on. that doesn't make us great. we're great when we work together. when we root for each other. and i think this is a very deep point with me. and i think a lot of americans,

not just democrats, but republicans and independents as well. we know the recipe for greatness. and that's when we all work together for the common good for us all to succeed. when we all succeed, it is a wonderful thing. and when somebody is in trouble, done try to make profit from that trouble. it's just absolutely wrong. >> let me ask you -- sounds like you are basically saying it is a values hit. what are the values of this candidate. i buy that. let me ask you about the e-mails. >> sure. >> why shouldn't voters be concerned that at the end of the day, secretary clinton did seem to not want to fully comply, not want to be fully transparent? at the end of the day. i mean that's -- you read this report, and there were enough safeguards where she could have been more transfarron and she choez chose at a fork in the road to be less transparent. why shouldn't voters be concerned about that? >> i don't look at it exactly that way. i have here -- i'm not going to

read it. this is the conclusion of the report. i hope you can see it. >> unfortunately it is a all white on our screen. that's all right. >> i'll put it down. shoer sorry about that. it is a very short paragraph. it doesn't mention secretary clinton's name. as you know, i know you read it. what it says is this, it says there is a systemic problem in the state department that the office of the secretary that started with collin powell with the secretaries and/or their staffs and none of them followed the rules and made copies of the personal e-mails. secretary clinton is the only one who has actually apologized saying i'm really sorry, i should have done it better. and she is the only one to turn over e-mails. the rest were destroyed by collin powell. and the bottom line is -- and you want to get to the bottom line. take politics out of the equation. this was wrong. they all should have complied. and now secretary kerry is complying. when you read the taxpayer

funded report, in the conclusion her name isn't even mentioned. they say everybody did it. it was wrong. and she's the only one that said i made a mistake. here are 55,000 e-mails. >> i understand that. but what it does is it feeds a pattern here or the perceived pattern -- and i understand others would say, hey, some of these charges against her on transparency haven't been fair against her in the past. let's set that aside. i feeds the idea that she certainly didn't go out of her way to be more transparency. it certainly went to the minimum standards of legality or defensible legality in this case. that's not a high standard, senator. >> i don't look at it that way at all. you can & any senator. we all use our personal e-mails. there is nothing nefarious about it. clearly, clearly, she didn't have that put into the routine in her office that if it was sent it was copied.

neither did collin powell. he didn't do it either. does it make it right? no. they should have done it. but this is such a nothing burger. honestly. if i felt -- if i felt that hillary clinton tried to hide her e-mails -- she turned over 55,000 e-mails. i found out the lovely note she wrote to barbara mccullski and to her staff and how caring she is about them. and she wrote some cute things. really, i don't see it as being nefarious. let me tell you what i do see it as. it's another opportunity for the republicans to distort a report. and they are going to do that. just like they did on all the benghazi reports. just as they continue to do. why don't they just talk about the issues in this election? we have a candidate, hillary clinton, who before the cameras were on her cared about kids, cared about civil rights, cared about human rights, versus

trump, who says he is going to profit from the housing crisis and he was excited about it. that's really what i see. >> it is likely going to be part of the -- let me ask the question this way. why not -- should all elected officials and major government officials be held to the same standards of e-mail and transparency? it's very hard to physioa congress when it comes to e-mails and things like that. how should we reform our transparency laws. >> i think they have done it at the state department finally. and john kerry is doing it. if if people feel it's in the best interest to read all the personal e-mail i sent to my staff. i think if they are business related, yes, but if they are not business related and i say how are you and how is your child i know your child is getting over pneumonia. i don't think that has to be made public. i think the inspector general made an important point and the i think the tone of the report

is fine. saying look, all of the secretaries of state should have kept their private e-mails, them and their staff. they didn't do it. they should do it. we acknowledge that times are changing and things are changing and we now acknowledge that john kerry is doing it. you know, it's not the biggest issue in the world. there is a lot more issues, income inequality, student loans. my lord, climate change. we've got lots to talk about. this is a report that essentially says not much about hillary clinton except she in collin pow cell and the others should have kept their private e-mails and turned them over. >> we'll see what happens in 25 years when we have virtual reality exchanges in our heads and have to figure them out. >> i don't know where i'll be but i know you will be right there. >> senator boxer thank you for coming on. i'm joined by bill crystal, a staunch trump critic. and mr. trump has noticed. in fact this was donald trump moments ago in anaheim about my

next guest. >> he is a real lightweight. his name is bill crystal. from day one, this poor guy, this poor guy -- i watch him. but here's what i don't understand. why do you keep putting a guy on television that's been proven to be wrong for so many years? here's a guy that said trump isn't gonna run. if he runs,'s not going to do well. he's gonna be out by september. because we're still looking for a third party candidate. we think -- we think -- he has been doing this for like nine months and can't find anybody. what a loser. what a loser. >> well, bill, for somebody, he seems to care what you say. >> yeah i'm flattered. i guess i got under his skin a little bit. maybe he is scared of a third party independent candidate when the polls show that a majority of americans want one and that mitt romney for example -- they threw him into the poll, was that your poll, or the abc poll on sunday.

>> abc. >> abc. 37, 35, 22. the guy hasn't run in four years. he lost in 2012. suddenly more of a fifth of the electorate wants to vote for him. he should be concerned. >> something struck me as i was watching sort of relistening to it again myself, which is boy, the democratic party is working in unison, right? hillary clinton has an attack line. she is now got elizabeth warren using the attack line in a speech last night. she gets senate democrats to do a press conference. that's what you do when you have a presumptive nominee or a likely nominee. obviously that's not happening on the republican side of the aisle yet. >> it isn't. >> what should paul ryan do? >> it isn't. let me say about the attack line. i think she is running such a horrible campaign. she attacks trump for something he said in an offhand day during 2006. who was a senator during this

bubble and this krark, hillary clinton, a senator in new york. did she have a lot of legislation that addressed this ahead of time? and her husband's administration is thought by most students of the housing bubble to have contributed to it. there is plenty of bipartisan blame for the 2008 bubble, but the idea that hillary clinton thinks it is good to focus on that incidentally trump said this horrible thing in 2006. donald trump got married to someone in 2007. who is in the wedding in the wonderful photo, hillary and bill clinton. if donald trump was so horrible a person, why was bill clinton being so nice to him in the subsequent year? >> be careful or donald trump is going to start praising you. >> having said all this, this is why i hope there is an independent candidate. i think it's terrible to have the choice between these two candidates and people should shouldn't be president. what about paul ryan? he is resisting jumping on the

trump ban wagon, i hope more republicans resist because i think it's important for the party, conservative party that donald trump not be the face of the republican party. >> do you think that anybody who even reluctantly ends up endorsing trump will have to fwhar as a tattoo for life? >> no. it will be a fact. but elected officials are held to a different standard than people like me. they have certain obligations to the party. feel certain obligations to the party. and it has been a long time. i think we've never had a nominee like trump. >> you are not going to -- the weekly standard isn't going to suddenly an in issue 1001 by the way, go after paul ryan as some sort of sell out if he endorses trump. >> i take a poke at paul ryan for pointing out that he is -- i won't get into the details of it but for saying he doesn't have to get into this game of saying i'd like to see trump do this or do that. what i would prefer for paul ryan to say is i'm speg speak of

the house i'm focused on doing the business of the house, as the republican leader of the house i'm focused on growing the republican presence in the house. i'm not getting involved. in any case i'm flattered that donald trump is reading the weekly standard or watching him on tv. you are the one he is attacking. you are putting me on thv and you are not supposed to do that. donald trump thinks his job as president is to tell every tv network what guests to have on. >> bill, you can catching up in the attacks from trump, i think you have a ways to go compared to some of us. coming up, an "mtp daily" exclusive, the president's directive on transgender bathroom access gets its first legal challenge. texas attorney general ken packs ton joins me to discuss where he is filing suit on behalf of the state of texas. we'll be right back.

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this was from our latest nbc news wall street journal poll. we know that trump is crushing clinton in rural areas. and clinton is beating trump in urban areas. for clinton, it's the books and barracks vote. college towns and military bases that usually contain a lot of younger voters. clinton is nine points behind obama's pace in those counties. can you say bernie sanders? meanwhile, check it out on today's map. think of dane county in wisconsin, or i thinkham county in michigan. big university towns have been a tough get for clinton this primary. all thanks to bernie sanders. for trump, his biggest trouble spot in comparison to romney is what we call faith-driven america. these are counties and locations that are heavily evangelical or

mormon. trump is running 16 points behind romney's 2012 performance. trump's poor performance with mormons in particular might have something to do with that. for example, think of charlotte county in north carolina. a lot of this is centered in the so-called bible belt. the key counties we pointed out were all in swing states. lagging the 2012 numbers this these key categories could have a big impact in some of those battle ground states. we'll be right back. windows 10 is great because i need to keep organized. school, grocery shopping. my face can unlock this computer. that's crazy. macbooks are not able to do that. "hey cortana, remind me we have a play date tomorrow at noon" i need that in my world. anything that makes my life easier, i'm using. and windows is doing that.

lately, it foals like few government agencies inspire more ranker and hatred than the tsa or the va. just yesterday i was telling you about the va secretary and the anger over some inartful comments about wait times. today's poster child of government inentness is peter neffenger, tsa administrator. just like the va, his agency has been racked by accusations of

miss management and misconduct. earlier this month hundreds of passengers missed flights and had to sleep on cots overnight because they were stuck in lines at tsa checkpoints. this year alone tens of thousands of passengers couldn't make flights because of long security screening delays. today the administrator was called before congress to explain what is going on. >> this was really not our first rodeo. why didn't we see this coming? >> that's a good question. we have been working very aggressively to move that. but as you know, there is a lag associated with getting the funding and then get it hired. >> he added that it was a failure for the tsa to not be prepared for the surge in air travel. but these failures are what continue to erode the public's confidence that the government in general is somehow working for them. the old canary in the coal mine. for more, i'm joined buy tom davis, chairman of government oversight which essentially you

would hope was the committee trying to get government to work better. and warren steen, somebody who spent a long time trying to understand the nexus of politics and policy. welcome to you both. norm i want to start with you. i have this theory that if when government touches people, then if it goes badly, they assume all of government works that way. if it goes well, it inspires confidence. it seems as if tsa and the va are uniquely harming the public's confidence in government in general. do you concur? >> i do think that that's the case. you know, if there are agencies where people see it right in front of them or experience it directly or have friend and relatives who do, and then talk about it, it definitely infects the broader sense of whether government is working and let's face it. a part of it is, as we keep squeezing the budget, that portion of the budget that funds all of these things, the zegsary

budget agencies are going to have a harder time doing their jobs. and as they have a harder time they are going to turn against government more and that's going to make it easier to cut funding even more and it will add to the anger and the anti-pathy towards government. that fuels the rise of people like trump who can say anybody can do better than those bowsos who are there. >> tom i told my staff today, i said 97% of government works really well today. i know it because i'm here at work. the tv screens are on. the mail was delivered. you know, you can go on and on and on. people don't understand their routine is routine because government's working. but if you have these high-profile people, agencies that touch people -- i guess i want to ask you this,s why isn't government focused on making sure what touches people most publicly works efficiently. >> i think they do in so many ways. you turn on the water faucet, the water is there. we have a metro crisis in

washington, d.c. we are going to be shutting down part of the subway system here. there is a huge mistrust of government. you see it in thes po. part of rise of sanders and trump as the outsiders. people are upset with how they see government working. when you see a failure at an agency like the va or the tsa. tsa has been football since it inception. originally they were going to be federal workers, union prohibitions, unions fought their way in. it's been political football from day one. i think the people doing their jobs every day need to be given the tools to get the job done or this thing could get worse. >> tom, to you, since you are the former elected official. look, there is too many elected officials that seem to refusal when government doesn't work. >> when you are -- revel, when government doesn't work. >> when you are the out party it gives you talking points to try to get back in charge of government. we see the exaggeration from the

out party at this point. governing is tough business. we take a lot of things for granted that don't automatically work smoothly. in tsa the traffic at different times is different at different airports and you are going to have times when it gets overloaded. you want to make sure this is not a soap opera and doesn't occur over a long period of time. >> quick breaking news, another plane landed safely at la guardia and at national. i'm being facetious but that's another aspect. it's never news when government works. >> you know, it's interesting, chuck. i saw a tweet from newt gingrich rich the other day. long line in atlanta. this is what bernie sanders socialism brings us. of course, tsa was created by george w. bush. and it was a republican congress that gave us the tsa. and then we've seen a congress that has underfunded it, basically bays people the minimum wage or a lib more than that, and pounds down on the people who work there, and it's

not a surprise under these circumstances that we get these. we do have -- you know, it's also congress that's viewed negatively by the overwhelming majority of american people. what we have seen is an out party that has consciously used the filibuster and other rules to make it look bad and take advantage of it. that's part of the reason why we got a donald trump. >> i think the bottom line is, if tsa -- if the stuff that touches people the most can start, woulding properly maybe you start to see confidence in the general system itself. be sure to tune in tomorrow for the "today" show on your nbc station. why? we'll have an exclusive live interview with the tsa administrator himself, peter neffenger. still ahead, ken paxton will join me to discuss texas's lawsuit against the transgender bathroom directive.

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still ahead on the show, the barack obama administration face as major legal challenge offer its transgender bathroom access directive. i'll speak exclusively to texas attorney general ken paxton. he led the multi-state filing today. that's next. but first, here's kate rogers with the cnbc market wrap. >> stocks rallied for the second day in a row today. the dow rises 145 points. the s&p claims 14. while the nasdaq composite adds 33. a gain in oil helped give a boost to energy shares today. crude rose about 2% to 49.56 a barrel. that's its best level of the year so far as stock files fell. tiffany's earning fell short of estimates. it seems store sales were lower than expected. that's it from cnbc, first in business worldwide. i was enjoying life, i was working... it was too long since my last pap. when i was finally tested, we thought i might have cervical cancer.

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today the texas attorney general filed a lawsuit on behalf of officials in 11 states. the suit argue has the president's directive to allow bathroom access based on gender identity in schools is constitutionally unlawful and creates, quote, lavatories for a massive social experiment. the texas lawsuit comes as no surprise. the state's attorney general questioned target earlier in the month for their policy which allows shoppers and employees to use path rooms corresponding with their gender identity. before the president's directive, he also criticized a fort worth texas schools superintendent for putting in place rules to accommodate transgender students. ing in's law is separate from the directive. as for this and the directive, north carolina is not involved in this lawsuit. more details on this legal ballot.

i'm joined by the person who filed the suit, texas attorney general ken paxton. mr. attorney general, thanks for coming on. >> i appreciate you having me on. >> let's start with -- make the case for me of why -- what the obama administration did what unconstitutional? they make the constitutional case that sex discrimination also applies to gender identity. you guys say it's unconstitutional. walk me through it. >> so title ix and tigts 7 were adopted in the '60s and '70s. they have specific definitions for sex, and gender identity is not in that definition. congress debated this for years, goat back to the '70s. even in 2015 they debated whether to change this. and they didn't do it. our argument is very simple. congress needs to decide this. it is a statutory change. and the president has no authority under the constitution to make changes in law. so it's not a complicated argument. it's very simple. and we think it's right.

>> there are some -- not to get into the total weeds here, but there are some title seven cases though where there has been an interpretation of sex discrimination based on current identity, sexual identity. well, in this case, we don't -- again, we don't think the authority has the apply to it to situation. you are going to affect potentially 100,000 schools across the country, millions of kids. and you are thenning they are federal funding because they don't change this policy based on what the president's idea of what the definition should be. we think that congress ultimately should be the decider of tees these types issues that are statutory. >> do you believe there should be protections for transgender americans? >> you know, i was in the legislature for 12 years. i used to get to make those types of decisions. i -- obviously, i think men should go to men's rest rooms and locker rooms and women should go to women' locker rooms and bgt rooms. but this is about the law.

i am the chief legal enforcement officer here. that's my job is to defend state law, defend the constitution. my decisions are now based now on the law. >> i understand that, but do you believe there should be protections? do you believe there should be protections for a group that feels they are being skram nated against. >> you know, it's interesting. whether there should be protections or not isn't the issue. here you take a narrow issue and you provide access to people yell beyond that narrow issue so that any male can walk into a female bathroom or locker room as long as they decide that day that they are female and then they can change back the next day. and so can -- this has a lot of openness for abuse. and i -- having met with parents across the state and particularly in fort worth where that issue occurred, that is an issue that parents and grandparents are extremely concerned about. >> let me ask you this, what in the law prevented that scenario from happening before the

president issued this directive? >> say that again? >> what in the law somehow prevented men from trust dressing up as women and becoming predators before this directive? >> i know in school districts they often had policies about this. they dealt with issues on a case by case analysis. you know, all i'm saying is right now the law -- the way gender is defined or the way sex is defined, it doesn't include this new definition of what the president is trying to make the change with. >> let me ask you, why did you publicly criticize target? they are a private entity. explain to me why you got involved in that? >> what we did is we sent them a letter asking them to share with us their policies on safety since they were adopting this you this policy. i specifically said in that already we don't have the authority to reg lays businesses in that way but as the chief legal and law enforcement center in my state i was curious

whether or not they had the policy in place to protect the safety of children and women. i guess what i would say is if one child is harmed then i'm concerned. i'm a just concerned that they have a policy that deals with that issue. >> there are some that believe that when this issue is framed by opponents of the transgender directive, this using of somehow there will be sexual predators against little kids, that that comes across as fear amongering, that it ends up essentially attacking a transgender american. what do you say to folks that say that transgender americans that are offended by this idea that they are somehow being lumped in with sexual predators. >> look. the policy itself is a problem that opens the door for that. we arrest in my office child predators every month. and so this is a legitimate issue that we deal with every month. and so it's the policy itself that creates the confusion because it opens the door for

child predators to be in rest rooms that they shun be in or in lomer rooms they shun be in. >> the legal case at the -- assuming this gets to where we assume it gets, in the supreme court, is it going to be what the definition of sex discrimination is in title nine and title seven? is that what we are looking at here? >> that pretty much summarizes it. that's the change that they made. and that's -- it's really going to come down to a question of who has the authority to change definitions in statute. i think we know the answer. >> ken paxton, texas attorney general thanks for coming on and sharing your views. >> i appreciate it. >> a lot more to get to. we'll be right back.

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we give you your day back. what you do with it is up to you. tylenol®. update from anaheim, california. police have now declared the trump protest, a quote, u.n. unlawful assembly and have now ordered everyone to disperse. well, those that didn't, officers have now arrested some of those demonstrators. the trump rally last night in albuquerque new mexico turned voe len as protesters clashed with police. we'll have more about the day's consequential events in a minute. we'll be right back. ♪

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welcome back. from now until november, every day, i'm going to highlight a different race down the ballot. the important contests that are getting overlooked too often. today's race of the day, pennsylvania isn't the. it pits incumbent senator pat toomey against katie mcgintey. she won a hotly contested primary over the 2010 nominee. she was boosted by an unusual endorsement by a primary. like almost every political contest in 2016, the shadow of donald trump looms large in pennsylvania as a potential battleground state in the presidential. toomey, i guess today, would be considered relatively moderate as far as republican standards go this cycle. he was the conservative insurgent when he challenged

arnold spector two years ago. rubio was out of race by the pennsylvania primary and he said he voted for ted cruz. earlier this month he wrote out an op-ed in the philadelphia enquirer in which he offered advice to trump's highly problematic campaign. he wrote i'm inclined to support the nominee of my party. notice he didn't include donald trump's name. clearly some hand wringing over trump as the nominee in pennsylvania. guess what, trump won pennsylvania and he won it big. he's trying to go after trump supporters lining up some of his rhetoric with trump's. check out this ad that his campaign put out yesterday. >> mcginty would allow philadelphia's extreme sanctuary room. even leading democrats say it goes too far. >> over a thousand miles from

the border and you have immigration and sanctuary cities playing in pennsylvania. he seems to be doing what a lot of republican senate candidates in key swing states are doing, trying to have it both ways from trump. distancing himself out loud by sounding the alarm to trump supporters that he's on trump's side when it comes to specific issues, in this case like immigration. bottom line in pennsylvania is this. it's my five-point rule. if hillary wins by five or less in pennsylvania, he's got a shot. if she beats trump by more than five points, he's got an uphill battle to make up that ground. we'll be right back.

time for the lid. here's a split screen. these are police in anaheim on your right hand side. they are lining up this way to try to clear the protesters once and for all. on the left hand side you see the beginning of hillary clinton's latest california event. we don't know if she's going to address e-mails or not. if she does, we'll bring that to you. a lot of action to break down today's events. simple question. who has the worst day today? donald trump getting criticized by the only hispanic woman governor, republican governor, in new mexico trashing him after he trashed her or hillary

clinton and the e-mails? >> it's like their polls. they are both doing horribly today. they had really bad days. short term, probably hillary clinton because this is in the news cycle again and it's something else that donald trump will jump on. it was breaking rules. that wasn't the fbi investigation. we're still waiting to hear about that. this was another problem for donald trump. he can't seem to just hold his mouth, keep his tongue quiet. there's no reason to attack her. it doesn't make sense. why would you attack a hispanic female -- >> republican governor. >> because it works for him. in a normal political universe if this was anything other than bizarro year, this would have been a terrible day. he's not a typical republican nominee. this is somebody who when he

attacks hispanics and mexico and a woman who is hispanic, it helps him with a certain part of his base that's most fired up. it doubles him down on the fact he will break the rules and he's not going to try to soften the republican party image in order to attract women and hispanics. in that universe, you have to say hillary clinton because the media wants the narrative they got. >> do you think that clinton's attempt, because you said you can't treat him like a normal republican nominee but clinton is trying to. they're trying this organized playbook. he doesn't care about people like me. they're beginning the real estate. they have a whole series. it's predictable what they will do. is that effective to do traditional play book. >> it's fine to do it as long as you have elizabeth warren doing what she's doing, getting under donald trump's skin. she's trying to keep it one way but the surrogates get the job

done. >> i think everything you do against him has to be asymmetrical. the one thing the clinton team has going for them is you have to undermine him. >> the republicans didn't get into that until it was too late. "with all due respect" starts 14 seconds late. sorry, here you go. e-mail, the e-mail, what, what. to whom it may concern. it's an official e-mail. let me start over. the official e-mail. the official e-mail. what, what? to whom it may