and charlotte, my hope is that in the days to come that people in the community pull together and say, how do we do this the right way? >> the family of keith lamont scott has seen the police dash cam and body cam videos that capture the deadly confrontation and call on police to release that video to the public. what does the video show? what's not there? i talk to the family attorney in just a moment but the mayor doesn't think the video should be released. >> it's not a clear video and i thk the ambiguity is something that is going to be a challenge and i want to have the investigation completed. >> meanwhile, the tulsa, oklahoma, officer, betty shelby, charged with manslaughter for terrence krucher. we hear from his wife and use of force by tulsa's police department but let's start in charlotte where folks seem to have heeded the calls for calm

last night. gabe gutierrez is there. gabe, good morning to you. at one point, i swear i saw protesters actually hugging members of the national guard. >> reporter: yeah, that's right, creag craig. terrific to see. almost no clashes at all between protesters and police. a little flare-up when they tried to shut down i-277, but no civilians injured and the mayor had imposed really at the last minute at 9:00 p.m. last night, this midnight to 6:00 a.m. curfew and there were fears that as the midnight hours approached, there could be some flare-ups but there was none. the police officers decided nod to strictly enforce that curfew if the protesters remain peaceful and they did. no civilians injured last night. some seen hugging national guard troops as well as passing out flowers. now the question today is this

growing debate, the debate that's intensifying over the police body cam and dash cam footage. as you mentioned, the family attorneys and the family itself has just viewed that dash cam footage. they now say that they do not believe it shows any conclusive evidence that keith scott had a gun. we should point out, the police chief has come out and said that a gun has been found, was found on the scene but there is no definitive evidence that he has seen that the gun, that the video showed that the gun was pointed at anyone. the mayor said last night that the video is ambiguous and the local officials are now saying that it is not in the public interest to release it and do not plan to do so. but as you mentioned, craig, we're waiting this 11:00 a.m. eastern news conference with city and county officials to discuss last night's protest. certainly, they'll face more questions about whether these videos should be released. craig? >> gabe, what do we know about tonight and the weekend?

any indication we're going to be seeing more protesting there? >> reporter: well, there are some planned events. some demonstrators say they will continue to make their voices heard. today, there's a national blackout day, for example, in the sense people are being urged, people that support this cause to wear black t-shirts. it will be key to watch on sunday because there's a carolina panthers game. earlier in the week, there were reports the nfl was considering whether to move forward with that game. since then, a statement from the nfl. they do plan to move forward with that at this point, but again, the concern is if there does continue to be unrest similar to what we saw in the first two nights, can that move forward? at this point, craig, last night's protests, much more peaceful. local officials and community leaders are hopeful that that peaceful protest will continue, that there will continue to be no more violence. the area you see behind me, these are windows that were

shattered two nights ago. people that spent the day cleaning them up, boarding up these windows and as you know, craig, the epicenter here in uptown charlotte, this is an area that does not obviously want to see anymore of these protests. anymore of these violent protests, i should say, and want them to continue to be peaceful. >> you are standing in the heart of charlotte, north carolina. no doubt. thank you, gabe gutierrez. we'll hear from the scott family attorney in just a moment but new developments in the deadly police shooting. officer betty shelby is free on bond this morning after being charged. it is an investigative news site. ziva, thank you for your time. what do we hear from prosecutors about the decision to charge officer shelby? >> it actually came faster than people thought here.

the prosecutors charged with first degree manslaughter. a minimum sentence of four years. a law enforcement charged last year in the police shooting and it was second degree so there's been two officers charged here in tulsa in the last 15 months o or so. emotionally involved in the situation and it was an unreasonable shooting for that reason. >> emotionally involved, how so? >> well, she sort of let her emotions control the situation. there was the car already searched on the driver's side but reaching for a weapon, that didn't seem to make sense. there were backing officers there. the officers said, i've got my taser out. plenty of back-up. so there was no need to use deadly force at that time according to the affidavit. >> what did the widow have to tell you? >> she's devastated. she's trying to cope with four children who miss their father

very much. by her account, a very good man, a gentleman, a beautiful face. played a clip of him singing in church for me and she's trying to, you know, cope, but she's having a hard time. >> you also have new reporting this morning on use of force there. inside the tulsa police department. what can you tell us about that? >> we looked at the use of force. all force from the lowest level to deadly force. 2014 were the most recent statistics and we looked at per capita rate. blacks four times more likely to be the target of force used by police than white citizens were. and so it's a pretty large disparity. there were about 575 uses of force in 2014. there was one found out of policy. >> i spoke with the attorney. here's her side of what sort of

transpired on tuesday. take a listen. >> he periodically puts his hands up, puts the hand back down by the left pant pocket at least four or five times. during that time period, she became increasingly concerned that he had possibly a weapon in that pocket. she ordered him to get on the ground and he refused to do that. that's about the time she got her gun out. and also, radioed in and said, hold traffic. i've got someone here who won't follow commands. >> there's still questions, as you know, about that account, whether crutcher's suv window was open. can you explain to our viewers and listeners why that question is so critical? >> it's true. he clearly wasn't complying with commands but his hands were up. the affidavit said he clearly didn't have a weapon in his hands. unlikely he had a weapon he could have gotten to but was he

going to the car window to reach in to get a weapon? the attorneys have shown a picture sort of blurry they purport to show the window up and sources say the window was partially down. about 5 inches down. i think that's a red herring, frankly. if you look at the video, the vast majority of people in tulsa and the tulsa police department said it's not a reasonable shooting and he was on the ground several minutes after being shot without any, apparently, any aid being rendered. so, but the window is a big question and they have photos of the crime scene they'll be able to answer that during the trial. >> ziva branstetter. thank you. and now ari melber, d.a. announcing this charge before police had finished their report. how unusual is that? why would the d.a. move this quickly? >> this is very swift. they've obviously done some interviewing.

they have the video but not completed every aspect of the investigation. there's two ways people get arrested for crimes. police officers come on the scene or do an inquiry. this is an inquiry but proceeding more like the scene because according to the d.a., the video is like viewing a crime. it is enough to move on and they could continue to gather evidence. i want to read briefly from that affidavit for the charges to look at what they're saying happened. officer innocent until proven guilty but saying shelby escalated from the confrontation with mr. crutcher and was walking away from her with his hands held up. the key there with the idea that this was improper use of force and manslaughter is you don't have a legal rationale to use deadly force because someone is walking away. we heard about the walking or the window.

those are things that might go to what we call resisting arrest. and that might be a charge against this individual were he allowed to live through the interaction. none of that legally goes to the use of deadly force and that's why this looks like a strong indictment. >> how will they prove manslaughter against the officer? >> it's a relatively low bar. it does not require the kind of mental position of saying you intended to kill. it is not a murder charge. all they really have to prove under state law is that this was unreasonable use of force even if they were dealing with someone suspected of committing a crime. what we have seen in some cases is very high charges that then the police are acquitted of. baltimore folks may remember. there were serious second degree murder chargels in a situation that looked muddled because mr. freddie gray was in a van. chicago case. that's a high bar. this is a low bar. they don't have to prove much other than this was unreasonable

force that resulted in a death. >> to charlotte really quickly while i have you. calls continue for police to put out this video. body cam video, dash cam video. the family saying the video should be put out there. what are the laws regarding that video, videos like that being made public? >> north carolina state law does not require lease under the old law and the new one kicking in october is narrow and basically said family members of the deceased or people can petition to see it in court but not distribute it. it's not for transparency. people say, body camera and assume we're going to see it. that's not the case in north carolina. i will say is.th there are legitimate reasons in an investigation why you might want to delay release. the main reason is to keep the contents private while you conduct an impartial investigation. i want to be fair to the officers there in north carolina. we don't have all the facts yet. but i cannot sit here and tell

you they're doing this in a fair way as process because on the one hand, we won't release this video because we need to have an impartial investigation and on the other hand, as you reported and viewers have seen and heard, continue to characterize the contents of the video this a light favorable to the police. that light might be accurate, but the only way we'll know is if we see the video. >> so perhaps they should stop talking about the video. >> i think we should see the video and then we'll know the truth. the video will add to the factual materials that the public can use. these are hard issues. we don't know on day one who was right or owrong. but it's a problem when you say, on one hand, impartial but then going to characterize to you without showing it to you. >> chief emmy legal correspondent, ari melber, thank you, good to see you. have a good weekend. two candidates and two different debate prep strategies and firing up supporters ahead

of monday's debate. don't forget, you can watch the first presidential debate this monday. moderated by our own lester holt. msnbc. we'll have team coverage all day into the night. i'll be live from hofstra university. candidates take the stage for 90 minutes beginning at 9:00 p.m. eastern. you can watch clinton and trump face off live. commercial-free. it's a big deal for us right here on msnbc. [alarm beeping] ♪ ♪ ♪ the highly advanced audi a4. ♪ and you're talking to youro doctor about your medication...

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we are now just three days away from monday's crucial first presidential debate today. both presidential candidates off the campaign trail. monday's debate will consist of two 15-minute segments for each of these three topics. here they are.

america's direction of achieving prosperity and securing america. hillary clinton has been prepping at home, we're told. donald trump has a whole heck of a lot about he's preparing. he did attend the rally in pennsylvania last night. alex seitz-wald. good to see both of you. what do we know? >> even critics will tell you she's a very dutible student. she's in chappaqua today doing that as well and a lot of time oking at briefing books, watching the game tapes during the primary. looking for vulnerabilities. one challenge that aides told me they have, they don't know which donald trump will show up. is he aggressive or nicer? the big mystery, who's playing donald trump in those sessions? one person, multiple people?

>> it's striking to hear him talk about what the clinton camp is telling you is what the trump camp is telling us. eric trump this morning going on the air basically saying, you know, typical politicians memorize note cards. clinton is like reading through her books. he's studying it hard but my dad is my dad. so they're trying to create the laid back loose candidate. almost trying to implicate her in a health issue but she's just prepping and preparing. >> anyone standing in for hillary clinton? >> the trump side, we know they're not doing mock debates. >> they are not. >> and he's doing some of the campaign prep sessions on the planes, flying around the country as he has been in recent days. chris christie and rudy giuliani will be with them over the course of the weekend. it might happen at the golf

course or trump tower this weekend. >> between 2000 and 2008, hillary clinton participated in roughly 40 debates. the run for the senate and the run for the white house, the first time around. any concern inside the clinton campaign that she might go into this thing overconfident? >> yeah. i mean, i think their concern on that is that the expectations will be set so high because of the experience, she'll be judged by a different standard than donald trump. they want her as confident as possible. that's what these preparations are about to make her feel like she's prepared, armed. get in there and not feel like she has her back against the wall. that can be her tone and get tricky then. they want her to feel confident. what they're trying to get happen is under trump's skin, force a moment he looks unpresidential and can't be up to the job of commander in chief and keep her hands shorter. she can overwhelm people with facts sometimes and go on the long discourses on policy.

>> professorial. >> yes. and when she's attacking donald trump, not overwhelm an audience that might be tuning in for the first time really with this long history of trump's comments just kind of focus on a few key things. >> clinton's new ad on trump's temperament in an attempt to fire up supporters ahead of the debate. here's a snippet of the ad. >> she's a slob. >> she ate like a pig. >> do you treat women with respect? >> i can't say that either. >> any response yet from the trump campaign to that ad specifically? >> not responding to that ad specifically but let's put this in a broader context. they want it about temperament and whether this guy is fit to be president of the united states and at the same time, the trump campaign this morning as we reported first on nbc news came out with a new list, an expanded list of supreme court justice recommendations suggested among the names he'd consider trying to rally the base, as it were, his forces behind the scenes, behind this

idea this is about something bigger. whatever you think or don't think of donald trump, they need this guy into the supreme court. >> kelly ann conway just echoing what you said. not anyone playing hillary clinton. you've got to wonder how you prepare for a debate without engaging in an actual mock debate. but, you know. >> a lot of people. it's to ask. >> how do they measure success on monday? >> this is about expectations. right? the trump folks are saying, hey, she's got to be perfect. she has won every debate she's been in. if she doesn't bring her a-game, people view it as a big disappointment. they're playing that game. the clinton folks are saying, this guy, this guy is running for president of the united states. both guys playing the game. i think success of the first three debates will have oversized weight in the way people view it depending on how well donald trump does, it could

change the trajectory of the race going forward. they recognize that. one population they'll focus as much as any is women in trump's remarks that night and hillary clinton leads 57% to 37%. suburban white women in particular in places like virginia and colorado and carolina. those are populations they need to do well with. >> what's the greatest fear from the clinton campaign in regard to the debate? >> i think it is the expectations issue. they're afraid that she is going to be judged, this very high standard and going to come out. if he can string together a few sentences and not mess up in any obvious way that he'll be considered presidential, all the republicans unsure about donald trump will come home to him. they'll feel comfortable voting for him. his poll numbers will come back up. >> it's the bar of acceptability. for different people, the bar is in a different place and raise the bar as high as they can. the trump folks just want to make it to say, he did well. obviously, he gets this. he's a successful man. a lot of infighting going on behind the scenes even before

the two face each other. >> when you have donald trump on a debate stage, anything is possible. so they're concerned about that. who knows where you go or what kind of moment could happen? >> and what will her response be? if he says something completely out of left field whether it's offensive or personal or insulting? how will she respond? >> what if he doesn't? and then said in such a way, watch him in rallies saying these extreme things. if he doesn't, the judgment may be in his favor. >> one thing for sure. record-breaking audience coming. alex seitz-wald, peter alexander. safe travels. how long will the calm hold? charlotte on edge as protesters continue to demand the video of keith scott's fatal shooting. will the video be released? reporter on the ground as tear gas was used last night once again. before taking his team to state for the first time... gilman: go get it, marcus. go get it. ...coach gilman used his cash rewards credit card from bank of america

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news conference from city and county officials there in charlotte, north carolina. this coming after mostly peaceful night of protest in charlotte. mounting pressure this morning though for the police department there to release video showing the fatal shooting of keith lamont scott. msnbc's tramain lee on duty for us in charlotte this morning. you were out with protesters as i understand it. let's talk about that first and then we'll talk about the news conference. what was the scene last night? >> reporter: i'll tell you what, craig. last night, there was hours and hours of protests and then took over i-277 met by a long of police officers with shields and batons. as protesters took over the highway, police pushed backfiring rubber bullets and tear gas into the crowd sending them scattering.

they were trying to go up the hill and sent them further up the hill. that was pretty much the only clash we saw throughout the night. otherwise, perhaps part of police strategy, police allowed the protesters to pretty much have their way in terms of marching around the city, doing loops downtown. largely peaceful. a far cry than the previous night when police drew a line in the street met by confrontational protesters and saw what happened in terms of the violence, breaking of the wiows and the fires we saw. last night, a completely different scene. today, this morning, a light drizzle kind of washing away that heightened sense of energy from any excitement from last night. the family, apparently, is calling for the release of the video. the lawyers have seen keith lamont scott video from the dash cam during the shooting and so we're waiting this press conference to see perhaps a recount of last night and announce they'll be releasing the video.

so much yet to be seen, craig. >> what can we expect at the news conference this morning? >> reporter: we're not sure exactly. now, yesterday, the family of keith lamont scott as well as attorneys had watched the video. apparently, parts of it corroborate that the police. the one thing that's clear is you could not see whether his he had a weapon or raise it but the narratives differ from there and say keith lamont scott was being somehow aggressive. the family and the attorneys say he was calm, obeying orders before he was killed. folks are wondering at this press conference. will the mayor, will the city announce that they will release that video to the public? there's night, hundreds of proteste protesters chanting, we want the tape, we want the tape. and the family also wants the tape to be made public. folks believe that if there is more transparency and not just with the family in terms of the video but if the public get a chance to see the video, they could make up their own mind which way this thing is cutting.

>> congressman robert pithenger as you probably heard represents parts of charlotte and apologized for saying that protesters, quote, hate white people because white people are successful and they're not. he apologized during an interview yesterday. what are you hearing about those comments and reaction to the apology? >> reporter: well, we've seen some commentary on social media but again, it's still early here. pretty quiet downtown. but many folks rightly so are concerned. these kind of vile comments seep into the salesmcommentary as the politicized and adds fuel to the fire. so many will say, that's exactly our point. this is the system we're dealing with and why we're angry. not just in congress and in terms of the way these kind of incidents play politically. but on the ground when encountering police and store owners and the local state government. this is kind of proof for many

people that the system is working against them when they hear comments like that. but again, craig, so far, it's early in the morning here. few people downtown. light drizzle. haven't seen much activity yet or response from those comments. >> before you go, i want to check in. some video of what happened last night. you mentioned the tear gas at one point in the video. it appears as if you were standing there when the tear gas went off. you all right? >> reporter: i'm good, craig. unfortunately, we're kind of veteran to this from baltimore and ferguson. you know what the smell of tear gas feels like, the sting, know what it takes like and the burn in your lungs. par for the course. i'm okay, but here to tell the story. >> trymaine lee, that is why we rely on you and enjoy your work so much. thank you for being there for us. coming up, shocking remarks that led to the resignation of one of donald trump's ohio campaign volunteers. that's next. first though, here's a 2016

campaign moment you just have to see. one of the world's most revealed spiritual leaders asked what he thinks about donald trump. listen closely here for his tame on two of most trump's distinctive attributes. >> have you met donald trump? >> never. >> what do you think of him? >> i don't know. sometimes, he's sort of, the way his hair, something like this. and his mouth. so, that's my impression. but i don't know. gary, gary, gary... i am proud of you, my man. making simple, smart cash back choices... with quicksilver from capital one. you're earning unlimited 1.5% cash back on every purchase, everywhere. like on that new laptop. quicksilver keeps things simple, gary. and smart, like you! and i like that. i guess i am pretty smart. don't let that go to your head, gary.

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>> i think i'll get one for hillary. >> do you have debate prep right now? >> i'm here. >> i think it is. >> rick tyler, msnbc political analyst. former national spokesman for the ted cruz campaign. rick, thank you for being with me. which donald trump do you suppose we'll see monday night? >> you know, there's a lot of gamesmanship going into this with the expectation games and each campaign is trying to set the predicate for the other. i think donald trump will show up and be disciplined. i think he can be disciplined for 90 minutes and i think it's critical that he is because as polling shows, "the wall street journal" polls is the largest concern with donald trump is his temperament and each one of these candidates is trying to get under the other one's skin if one way or another. if hillary clinton can get under his skin or displays the temperament people don't like,

that will hurt donald trump. and conversely, if donald trump can get her to litigate the e-mails one more time, i think that will hurt her because her biggest weakness is she's not trusted by the american voter. so i think they're both going to be looking not to make mistakes. i think mistakes are higher for hillary clinton here because she did not do very well with the matt lauer interview. she wasted 12 minutes litigating the e-mail and can't afford that in this debate and the bar, craig, is set so interestingly low for donald trump, if he shows up and just behaves himself and any other standard, delivers a mediocre performance, and that's where debates are won is the following day and how it spun and not necessarily how they performed. that his bar is so low that he'll end up looking good. >> do you think that his unpredictability is an advantage

perhaps or a disadvantage in a formal debate setting like the one we'll see monday? >> i think it's a disadvantage for the clinton team because they don't know which donald to expect or show up. so i imagine that they'll be practicing for both. that is, let's do a mock debate with the disciplined donald trump where he doesn't make any obvious mistakes in temperament and let's try a few scenarios where he, you know, sort of rolls, just a whole thing. he has an amazing expressions so unique to him where he loses his cool, test those. and looking for the moment. they don't always happen so that's why i say, my guess is they'll both come out of this debate good but it's the post-spin and what is talked about the next day to determine who won or lost this debate. >> we know the topics. america's direction achieving prosperity, succeeding america.

and which will trump have the hardest time with? >> trump always has a hard time with specifics, although i think he'll do okay with the economy. he actually has a robust economic plan. although he doesn't talk about cutting government, which a lot of conservatives want to see. hoi a how do you pay without cutting government? hillary clinton has trouble with the middle east. she has to find a way to explain why the middle east is the way it is now in a way that isn't her fault to the obama administration's fault. but in many ways, represents the status quo. that's what donald trump is going to try to represent and he represents change. the question is, is his change a change we could be comfortable with? >> this ohio campaign chair. the chair made racially charged comments to say the least. this is what she said. >> i don't think there was any racism until obama got elected.

we never had problems like this. i think that's all his responsibility. and if you're black and you haven't been successful in the last 50 years, it's your own fault. >> she again has resigned. do actions like or comments like that, do they reflect at all on the candidate and how much so do they? >> well, sure, they reflect on the candidate. now, she has apologized and the trump campaign has dismissed her and distanced themselves from her, but at that moment, she was working as a volunteer, anyway, for the trump campaign, and i mean, those comments, they're just frankly, look. all of us have biases. some we're aware of and some we're not aware of but this was very uncomfortable to watch and was so tone deaf. so many levels of it, so bad. it just can't be good for the trump campaign. >> rick tyler who is predicting a disciplined donald trump. you heard it here first on

msnbc. >> talk to you a lot next week. up, new video of the alleged new york city bombing suspect, dropping off a suitcase and what happened afterwards? we'll play that for you next. it's scary when the lights go out. people get anxious and my office gets flooded with calls. so many things can go wrong. it's my worst nightmare. every second that power is out, my city's at risk. siemens digital grid manages and reroutes power, so service can be restored within seconds. priority number one is keeping those lights on. it takes ingenuity to defeat the monsters that live in the dark.

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with trulicity, i click to activate what's within me. if you want help improving your a1c and blood sugar numbers with a non-insulin option, click to activate your within. ask your doctor about once-weekly trulicity. 15 minutes from now, we are expecting an update here. this is the city of charlotte, north carolina. city officials, law enforcement officials, presumably the police chief and the mayor expected to address reporters in about 15 minutes. they will be taking questions. we suspect. there has been some talk that they may be going to be talking about more about releasing the video. the scott family has called on that video to be released. no doubt, a number of questions will be asked about that video. we'll bring it to you live when it happens. roughly 11:00 eastern. part of the focus of the

investigation to alleged bombing suspect, ahmad rahami, is this surveillance video that's been obtained exclusively by nbc news. take a close look here, the moment that rahami placed luggage with an explosive device on a new york city street saturday night. and closely, the video also shows two men rummaging through the suitcase. if you look closely, top of your screen, you can see them rummaging through the suitcase that contain the pressure cooker device before making off with the suitcase. justice correspondent pete williams. what more do the fbi want to get from the video that we just showed? >> the video is pretty clear and let's go back and look at it again. the thing we just showed. look at how the first man sort of walks past it? and then the second man says, you know, look at what i found. and so that's one reason why officials had said they don't want the two were in any way

involved in the bombing and then you see them open up the bag, see what's in it. they find what the fbi says is the pressure cooker bomb in a plastic bag, and they take it out. now, you know, police have described them as the two luckiest guys in new york. the device appears to be, at that point, in a garbage bag. they appear to look inside the garbage bag to see what's there. they sort of expose it, like the top of the pressure cooker. no interest in that. they clearly, seen from this video, have no idea what they've just taken out. they just want the suitcase. the one of them, the one who's doing all the opening and looking there seems to be the one who's most interested in having the suitcase. so after they look at this thing, you can see he's apparently touching it at this point. kind of picking it up. looking at it. telling the other guy, do you think we want that? and they don't seem to want that

and just take the suitcase away. so that's one of the reasons the sequence there is important for two reasons, craig. one, the fact that the first one walks past it, now, we're looping back again. going back to the original. so that's why they said they don't believe they had anything to do with the bomb and secondly, you see the second man touch it. that's one of the reasons why the fbi wants to find them and make sure they isolate his fingerprints as they try to figure out who else's prints are on the pressure cooker. >> i think you hit the nail on the head. it's flat-out astonishing they weren't blown to bits. >> the tape shows two other people come by while the suitcase is sitting there on the ground and either nudge it or kick it. so it's quite a remarkable piece of video. >> justice correspondent pete williams. thank you as always, sir. three days and counting. the moment a lot of folks have been waiting for. the country's most unprecedented and unpredictable campaign

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the presidential candidates are getting ready for monday's debate. both candidates preparing in their own way, we're told. this first face-to-face showdown will be undoubtedly quite the crucial moment in this campaign. with me now from chicago, illinois democratic congressman

luis gutierrez. it would allow 9/11 victims to sue saudi arabia president obama, expected to veto that legislation, possibly as early as today. several say they overturn the veto. what are you going to do? >> it's going to be really tough, tough question. we passed it by a voice vote. the president said he's going to veto it. it might come back to us on monday. do i think the president's veto can be sustained? i do. because, look, you have the victims of 9/11, right? this horrific terrorist attack and you want them to be able to get to the truth and all of the truth. at the same time, i think we need to balance that with what happens if every government can sue every government and what goes on there. so tough decision. don't know what i'm going to do on monday but i'll tell you. >> you haven't made up your mind yet? have you not or just not going

to? >> well, i'm not going to tell you, but you'll find out on monday, we'll have a recorded vote but it's one of the really tough ones. when i come on your program, i usually have an opinion about everything. even things you don't ask me about. this one is kind of tough. kind of tough. >> let's turn to the campaign and the big debate on monday. i'm going to use a sports analogy here. if you are a professional, how do you prepare against a cinderella team? >> you want to make sure the referees are fair and the referees are calling the strikes and the balls and making sure that everything -- >> we've got a pretty good referee monday night. >> well, good. then the referee will not allow donald trump to use his lies and misinterpretations and exaggerations. you know, no one, i can't remember a presidential campaign when someone's got as many

pinocchios as donald trump has. and there's so many of them and they come in such run right after the other, you can't keep up with them. so they keep the stuff on the facts and don't allow him. i think we're going to have a fine debate in which we can discuss the facts. here's the other thing. you know, i don't want to overestimate hillary clinton's ability but she's not going to have enough time to give the answer. she's a policy and understands these things. i think donald trump's real problem is, how does he fill the time? because now, you're going to have time to answer the questions as you should have. and now, lastly, don't underestimate the smarts and the intelligence of the american people. they're going to be watching. they're going to be hearing the answers, and they're going to be able to discern between showmanship and a real answer to america's problems. >> i want to call your attention, i'm sure you've seen it on the newest "wall street journal" poll that shows hillary clinton leads by 7 points among likely voters but if you look at

some of the battleground polls, she's virtually tied if not behind donald trump in some key swing states. she is a former secretary of state. she's a senator from a massive state. she has spent more than $100 million on tv ads. why has she not been able to close the deal yet? >> here's what i think is going to happen because the american people haven't closed the deal yet on her so here's what i believe. florida, pretty close, right? one day trump, another day hillary. we'll give you that. but who has the infrastructure to get out the vote on election day? that's the hillary clinton campaign and that's what you're going to find, the kind of methodical get out the vote campaign and infrastructure that a campaign has. it isn't someone who has not prepared for the eventuality of almost everything. so i think there's that. there's another. i got to tell you that i really believe, latinos are being undercounted in these polls.

in florida and elsewhere. >> okay. all right. >> i used to get 30,000 votes in a primary. this time, this past march, 90,000 votes. i didn't get taller, younger. i think more people came out to vote because of the way my congressional district is put together. >> congressman luis gutierrez, thank you, sir. >> thanks. >> be sure to watch tomorrow morning, no, tomorrow evening. performances by rihanna and in addition to riri, kendrick lamar, metallica to name a few. msnbc.com/globalcitizen to learn more. we'll be right back. s >> it's time for the "your business" entrepreneur of the week. michael is introducing an instrument with a long history. the accord yan. thanks to frequent youtube videos and spirited events that

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headquarters. as mentioned, breaking news right now in the deadly shooting of keith lamont scott in charlotte, north carolina. the news is that the city and county officials in charge of the investigation at this point are least distributing this information to the public. they'll hold a news conference in charlotte any minute now. that as the family of mr. scott demands that police release the body cam and dash cam video of the shooting. they want it made public. the family was shown the tape late yesterday. now, protesters are also demanding that the video be released as they took to the streets for a third straight night and we learned that the mayor of charlotte indicated the curfew is implemented tonight as well. the scott family attorney justin bamberg shows what he saws in the police video. >> it was painful to watch. not just to see him get shot and killed but to see the