we care deeply about the people we cover and about these incidents. we could gladly never ever have to do this again, if it meant that another one of theetz kids doesn't die. s doesn't die. good evening. i'm lawrence o'donnell. this is our continuing live coverage on this memorial day holiday. today at arlington national cemetery, the president of the united states said this --

>> this memorial day we know the memory is still painful of all the fallen who lost their lives during the last few decades in combat. each of them leave behind a family, a community. lives will never be the same. >> the same could be said of the decades of combat that american children have faced in their classrooms where hundreds of them have been shot and killed by mass murders. yesterday the president and first lady brought flowers to the memorial site outside of robb elementary school in uvalde, texas. they touched the photos of the 19 dead children and two teachers who lost their lives trying to save lives. president biden and the first lady attended sunday mass, as is his custom, but this time it was in uvalde, at the catholic church filled with mourners,

including some of the family members of the victims. as the president was leaving, some in the crowd pleaded with him to do something. president biden responded by saying "i will." >> president biden's justice department has announced that they will conduct a review of law enforcement's actions on the day of the mass murder. the police commander on the scene of that mass murder, peter her dan dough, who delayed any attempt to stop the murder for 78 minutes, has not yet explained that decision. three weeks ago, he was elected to a second job as a member of the uvalde city council. he intended to continue to serve

as the chief of police for the uvalde school district while serving on the city council. he was scheduled to be sworn in tomorrow as a member of the city council. earlier today that city council meeting that was scheduled for tomorrow was cancelled. on friday, texas republican governor greg abbott was confronted by our first guest tonight, texas state senator gutierrez.

>> joining us now is texas state senator gutierrez. he represents 19th district including uvalde. thank you very much for joining us in the special coverage tonight. you got no response from the governor. he heard what you said and simply said "next question." by the way, was that the longest you've gotten to speak with the governor about this? >> yes, lawrence, to be clear. the lieutenant governor called and asked what i needed for the community that he could do within his power. he's been helpful. i've had republican colleagues in the senate call me. the governor has not contacted me. he's been here for one brief press conference and then the second one, which seemed almost a redundancy about state health

services and other services that the state offers. the county judge and the mayor here, they need to have a further explanation about existing health services. they needed him to come down with a checkbook to make sure that the mental health clinic gets the funds they need so they can bring in therapists. uvalde has one psychiatrist. if i'm the governor, i'm coming down here to help people and give them the things they need and talk about policy changes that need to happen. he has gone through seven massacres and done nothing. >> do you know peter arkansas dan dough, the chief on command in school? >> i don't. we placed all the blame on one

guy with six police officers in his force. at what point does the police department not have to take operational control or the state troopers or the sheriff's office? there was a failure at every level here. people aren't really talking about that. they want to find a scapegoat. i don't know this gentleman. i think everybody along the line failed these children. >> the governor said in last visit to uvalde he's livid because he was lied to, basically, about what happened in that school. would you expect the governor to man the resignations of people who lied to him? >> not only demand the resignations, lawrence, demand accountability. on saturday i had a long, long discussion on the way down to uvalde from san antonio with mcgraw. i asked him to give me ballistics. i specifically asked him, i want to know when dps got here, where

were they situated, how many officers of the 19 were there? he told me it was two. i want to be able to see that. we have the technology. i've seen a brief snippet of the video of seven officers in the building. they didn't know i was watching it but saw a brief portion of it. at the end of the day, shots in that portion, shots were being fired. i don't think that we've gotten the real answers here. so i've asked today i formalized my request to saturday in our phone conversation i formalized in an e-mail with my specific requests. i expect to get those answers this week. certainly i welcome this federal investigation. >> were you able to discuss with president biden the hopes for the federal investigation? >> number one, i asked him three things. number one, to make sure this federal investigation gets all the video footage from the school. that's going to clear up exactly who was in what situation in that building, how long they

were there, and number two, i've asked for federal funding to try to fund -- here locally that has behavioral health but needs some additional resources to handle all of these kids that are traumatized. number three, they have reached out about the possibility of bringing federal funds under project serve, which can bring about $45 million to raise the school. that's a decision that the community will have to make at a local level. i want to be respectful of the decisions. but every parent i've talked to and kid i've talked to, they're so traumatized. they don't want to go into the building. we need to do a living memorial for these kids. something we can see their videos and happy smiles. so they're here with us forever. >> texas state senator gutierrez, thank you for being responsive to us today and understanding what is happening in uvalde. we appreciate it. >> thank you, lawrence. >> thank you. and joining our discuss now

is jim kavanaugh, former atf special agent in charge. also with us fbi assistant director of counter intelligence. frank, let me begin with you. what is your reading of what we can expect of a federal review of what happened there? >> yeah. so let's set expectations, as you're doing. this is an after-action critical incident review. it's not a criminal investigation. it will be extremely thorough, comprehensive, and independent. it's being done by the right unit. they're investigating the best practices and perhaps the worst practices. to learn what to do and what not to do. i hope there's full cooperation by everyone, including that

chief of the school police department so we can teach communities how to do this right. we have to have a master key available to every shift of the police department. how to pick the best-trained incident commander, what the best swat team is in the area. even better, if it gets to recommending grant money for those who don't have anything we said. >> jim kavanaugh, what are the questions you would hope get answered by the federal review and the other investigations? >> well, the main question i would have is when they reach the breach point, is the information consistent we have that the on-scene commander believed it was quiet inside. there was no shooting inside

except for at the police through the door. that's the information we got. that's the critical point. if true, he would have had a few minutes to set up an emergency assault, maybe with an sniper initiating with the window. and the keys in the doors right away to beat the killer's trigger finger. if that's not true, if the killer was inside shooting where children were, then you don't have time for an emergency assault. so what you have to do then, you have to use the tools you have, like frank said, they don't have reaching tools. this is indemmic in american law enforcement. they should have taken shotguns there. they tried to half-moon the lock, hit those hinges. do anything to get in. no matter what. we have shootings going on inside. that's the critical question i have. was there shooting going on inside when the incident commander said it was quiet. i think he was in over his head. he was not trained in tactical decision making or have any

experience on a barricade. you have to train your lieutenants. you have to be ready go in. if they're killing actively, you find a way, port the window. he was hiding in the closet. if they ported a window, they might have been able to kill him when he came out of the closet. there was a few more things that could have been done. we need a few more facts. i feel like we'll have another barricaded gunman and i want american law enforcement to get breaching tools and figure out and get fire departments there. get ready to get in there quicker or we'll lose more people. >> and, frank, we know that this same department, this same police force had a training for exactly this kind of event just a few weeks before this event. it's usually a first-time event

for every single police officer responding to it. it was the case here. there wasn't a person near the building that any experience dealing with this. as human beings dealing with it for the first time in their lives, with their own lives at risk, they didn't do a perfect job. >> this is why training is so important. i see the website for uvalde pd. not the school, but the city bragging about their swat team. like most small jobs, it's a part time job. where were they? where was the county sheriff s.w.a.t. team. all of this circles around was the right person in charge or the right equipment on scene or not. we may find out people had tools and shield bus he kept saying no. the federal agents there, the border patrol folks, they were there earlier than we first

thought. they were equipped. who said no, why, and radio communications, so often the case, breaks down. was the 9-1-1 call, all the calls being fed to the incident commander or a break down? were they radio silent? that's got to get answered with the doj review. >> thank you both very much for joining our discussion. and coming up next, investigative reporter tim mack who literally wrote the book on the nra will join us. we'll be joined by the survivor of the marjorie stoneman high school.

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the families of children and teachers murdered at robb elementary school mourned and

planned funerals, the national rifle association wept -- went ahead with the annual glorification of guns a few hours away. a couple of republicans backed out of the nra, most of the weekend it was business as usual there. this time protesters gathered outside the convention. according to our next guest, many of the people holding signs and shouting chants were first timers. people who have never attended a gun violence protest before. joining us our discussion now is tim mack. author of the book "misfire." tim, what did you see and what happened this weekend at the nra convention? >> like you mentioned, i saw a lot of folks who were there who never ever attended a protest on the gun policy issue.

almost every single person had never been to a protest on there before. and it had been this tipping point for folks. a lot of them had demonstrated in the past they had been active on the issue. it was really the core of the nra's power. their side of the argument and they're supporters are easily activated and mobilized. when it comes to areas of legislative action and the question has been can the other side of the argument mobilize in a similar way and with as many passion? >> tim, you have done extensive reporting on the corruption of the nra, investigations into misuse of the finances of the nra, wayne lapierre using nra dues money to buy $4,000 suits

and all this kind of crazy spending on his part personally. how is that affected what happened this weekend? >> if you look at attendance, if you look what happened inside the convention hall, the nra now as an organization in the shadow of the former selves, it hadn't had a convention in three years because of the pandemic. if you look at the audience that attended, when donald trump, the former president, spoke before the nra's most passionate members, a substantial percentage of the seats in that room were empty. the excitement is out of the room when it comes to the nra as an organization, its executives that sacrificed a lot of credibility in the second amendment community. >> and is the nra now in the

business of simply self-preservation more than the business of influence since their influence over republicans seems to have been now internalized by the republican party. >> that's a good point. i think there's a lot of effort, you know. it's hard to say but i think a lot of time is spent in nra headquarters in virginia thinking more about how do we keep our executives in place? how do we fight the lawsuits? how do we fight the investigations? much less time to spend on, you know, how to present the policy issues we want to present and push, you know, their second amendment agenda. >> npr's tim mack, thank you very much for joining us on the special coverage. we appreciate it. >> thank you. and before we're joined by our next guest, i want to consider how a real democracy actually handles gun issues and changes to gun laws. consider what canadian prime

minister justin trudeau had to say about guns in canada. listen to this. >> two years ago, our government banned 1500 models of assault-style weapons, including the rouger mini14 and the ar-15. we also expanded background checks to keep firearms out of the wrong hands. it's what responsibly leadership required us to do. and now, as we see gun violence continue to rise, it is our duty to keep taking action. today we're moving forward. we're introducing legislation to implement a national freeze on handgun ownership. this means it will no longer be possible to buy, sell, transfer, or import handguns anywhere in

canada. in other words, we're capping -- [ applause ] >> that was the canadian prime minister today. david hogg spoke at the rally outside the nra convention in houston. >> we have the most pro gun violence prevention senate, house, and white house ever in american history. [ applause ] >> that's not enough. it's not enough. [ inaudible ] we need to go out there and demand they act. i need every single person at home or listening to me now to go to your senator's office -- every day that you can. show up and demand they have a

vote. >> joining us now is david hogg, cofounder of march for our lives. a survivor of the school massacre at the marjory stoneman douglas high school in parkland, florida. thank you very much for joining us. i want to juxtapose what we heard the canadian prime minister say with what you said. if you were making the speech in canada, you would not have been talking about the filibuster rule. you would not be talking about a senate with two senators per state creating a fundamentally anti-democratic nondemocratic structure in the federal government that makes it nonresponsive to democracy the way the canadian democracy-based government is responsive to democracy. >> i wouldn't be. frankly, lawrence, all i have to say i wouldn't be speaking there because of that and because the shooting at my high school wouldn't have happened if i went to school in canada.

>> as you were going to the nra -- by the way, was it your first nra convention protested so? >> i think so. it was not my first time in houston. what was remarkable about that, how many new people were there. incredible. and i don't think there were more people outside at the counter protest than there were inside at the nra where the former president, mind you, was speaking. i think when the counter protest is bigger than the organization, almost 4,000 people, they could only get a couple hundred and have the former president, we know things will change. >> david, you went to work as a high school student after your high school was attacked and so many of your friends and class mates were killed. you went to work in the florida legislature in your state where it happened. now you're going to work again

trying to get more momentum again. where are you going to be aiming your legislative impact for your future lobbying on? >> yeah. i have a call to action for all americans watching this. this movement is not about being a democrat or republican. these kids dying are not democrats or republicans. they're our future. we need to come together as a country like we did in the wake of parkland in florida with our deeply republican state legislature with governor rick scott at the time and pass comprehensive gun reform legislation. i can respect the fact that people don't agree with me. what i can't accept is we can't do anything to stop the shootings. the truth of the matter is, the next shooter is out there plotting his attack. we know these things will continue until we act. the reality is, as well, there was a good guy with a gun at my

high school. there were over -- i believe there were 19 good guys with guns in texas. both of them failed to do anything. they failed in parkland and they failed again in texas. how many times are we going to hear this talking point again and again that risk the lives of our first responders, our teachers, and our students? lawrence, if our first line of defense is first responders, first responders need to be our last resort and not our first. if our only response to this is once a shooter gets on campus, we're failing. a student, a teacher, or a first responder is already going to likely die. we need to respond to these things before they happen in the first place. we've seen the cost of what happens when we don't. the reality, lawrence, these shooters wait until their old enough to legally obtain the guns. they were 18 and 19 years old at my school. they didn't have black market connections. the idea they have cheap connections to the black market is ridiculous. these kids are -- these are barely adults.

these are essentially very, very young adults that are 18 and 19 that are getting ahold of ar-15 legally and shooting up high school. there's no reason they need to have access to that. that's why i'm calling on americans to join me in marching with tens of thousands of others and over 350 marches across the country. not as democrats or republicans, but americans demanding action to keep our kids safe. march in your city, wherever you are, on june 11th for the start of a movement. not the end of one but the start of one. to make our kids safer. if you would like to join me, text "march" to 954954. "march" 954954. >> can you join us on "the last word." the night before on june 10th? friday, june 10th? >> we'll talk to our press team. the other thing, lawrence, we are showing up at senators officers, too. mitch mcconnell is waiting for us. he's waiting for us move on from

this. 19 kids died and two teachers. we can't wait for the next sandy hook. we're showing up. i'm going to senator toomey's office in pennsylvania tomorrow. i need educators, teachers, everyone with me. gun owners, republicans, everybody who grieves we need action to show up with me in pittsburgh. if you want information on that, go to my twitter. @davidhogg 111. >> thank you very much for joining us tonight. i appreciate it. >> thank you. coming up, there is new reporting about the white supremacist mass murder in buffalo two weeks ago. the buffalo news reports the suspect may have told his plans to a retired federal agent who he talked to in re cyst chat -- racist chat rooms. we'll be joined by the investigative reporter who broke the story next. the investigative reporter who broke the story next ♪ ♪

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the buffalo news has new information on the white supremacist accused of murdering 10 black people in buffalo two weeks ago. "the buffalo news" is reporting a retired federal agent may have known of the attack in advance.

buffalo news said law enforcement officers are investigating whether a retired federal agent had about 30 minutes advance notice of a white supremacist's plans to murder black people at a buffalo supermarket. two law enforcement officials told "the buffalo news." authorities believe the former agent, believed to be from texas, was one of at least six individuals who regularly communicated with the accused gunman in an online chat room where racist hatred was discussed, the two officials said. this weekend vice president kamala harris attended the final funeral for a victim of that attack in buffalo. vice president harris said this -- >> what happened here in buffalo, in texas, in atlanta, in orlando? what happened at the synagogues?

so this is a moment that requires all good people, all god-loving people to stand up and say we will not stand for this. enough is enough. we will come together based on what we all know we have in common, and we will not let those people who are motivated by hate separate us or make us feel fear. >> that was at the funeral of ruth whitfield. and joining our discussion now is dan burbank investigative reporter for "the buffalo news." thank you very much for joining us. what can you tell us about what you discovered about the communications between this accused murder and people he might have been communicating with? >> thanks, lawrence. well, this retired federal agent was part of this hate group that

he was communicating with. we believe about 30 minutes before the murders, he told the people in this hate group what was about to happen and the specific location where it was going to happen. now could they have stopped it in 30 minutes if they had reached out to somebody? we'll never know because they didn't try to call anybody. >> do they face any criminal liability for taking no action at all? >> i don't know about taking no action at all as far as that being a criminal charge, but i guarantee you that law enforcement will be looking in every possibility of finding a way to charge people who have helped this guy in any way. either through advice, encouragement, helping them to get weapons, or magazines or other things that he used for this horrible crime.

>> you would think that a retired federal agent would know exactly how to call directly to the buffalo police department or federal authorities who would immediately contact buffalo. 30 minutes is plenty of time to disbatch units to the supermarket. >> i agree with you. that would be assuming the retired agent wanted to make such a call. who was hearing the information in advance of the massacre did not make any attempts to reach law enforcement, as far as we've been told. what similarities have you found so far in your reporting with this case and with the thinking of timothy mcveigh you studied

so closely? >> he had many friends in the u.s. army and told us he could never be a white supremacist for that reason alone. he considered these black guys his battle buddies. but they had the same mind set in terms of the fact they were willing to kill completely innocent people to make a political point. >> thank you very much for your reporting. thank you for joining us tonight. >> thank you. coming up, republican congressman kevin mccarthy is very worried about what is going to come up when the house select committee, january 6th hearings

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the republican kevin mccarthy is refusing to reply. in an 11-page letter sent to the committee on friday, a criminal defense lawyer for kevin mccarthy said that the congressman would not testify and presented a list of demands to the committee that include, quote, a list of subject and topics the select committee would like to discuss and a copy of all documents the select committee would like to ask the leader about or otherwise discuss with the leader. joining us now is a member of the january 6th select

committee. thank you very much for joining us on this memorial day. what was your reaction to the 11-page letter from congressman mccarthy? >> well, it's disappointment. it's really an extraordinary circumstance when the leader of the republicans in the house of representatives refuses the subpoena. he retains a criminal defense lawyer, why would he need that? he refuses to tell the truth. we laid out what we wanted to talk about. we know he had conversations with the former president both during the riot, before and after, and we would like to know about that. what is he hiding? >> will you be getting

information from others who either overheard his side of conversations with the president or obtained information about his phone calls in other ways? >> well, some of that has been public, as you know. congressman butler mentioned some time ago in a town hall meeting the conversation she had with leader mccarthy where he relaid the discussion he had with the president. there are other questions we have for him. some of which only he can answer. this is not the right thing to do. he asserted all kinds of ridiculous assertions about the committee itself. those who have refused to testify have gone to court. in every court considered -- is ridiculous, has knocked it down. you know, we have interviewed over a thousand people.

almost all of whom have come in voluntarily. some under subpoena. there's a small subset of people who refuse to tell the truth and it's really regrettable that kevin mccarthy is in that small group. you're in a situation that no previous committee found itself in. other than the ethics committees investigating specific relatively microethics violations compared to what you're investigating here. that's the attempt to subpoena members of the house. actual members. so that's new territory for the house >>well, it is. as, you know, some retired republican house members pointed out in their letter, the assault on the capitol and the effort to overturn the election was also unprecedented. we have examples of officials who were asked to come into the

congress, including, for example, 9/11 where mr. dick cheney, who came in to testify for hours, that's unprecedented. so was the 9/11 attack. so, yes, in territory that is unusual, thank god. we hope that we will never be in this situation again. we take this very seriously. the effort to overturn the constitutional system came remarkably close. thank goodness for the very brave police officers who were assaulted and harmed and brutally beaten, they kept the mob from entering and really it was a close call. much closer than people realize. >> representative, thank you for joining us. i appreciate it. >> thank you. let's thank all of those who served our country in the armed service the on this memorial

day. they fought to keep us free. let's honor them by defending the constitution. >> thank you. thank you for that comment. i appreciate that. and coming up, a new investigation into the millions of dollars donald trump charged the secret service. charged them. billed them. to use trump properties. that's next. them. tose u trump properties. that's next. my name is douglas. i'm a writer/director and i'm still working. in the kind of work that i do, you are surrounded by people who are all younger than you. i had to get help somewhere along the line to stay competitive. i discovered prevagen. i started taking it and after a period of time, my memory improved. it was a game-changer for me. prevagen. healthier brain. better life. there's a different way to treat hiv. it's every-other-month, injectable cabenuva. for adults who are undetectable, cabenuva is the only complete hiv treatment you can get every other month.

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the secret service was forced to spend $2 million of taxpayer money at trump's properties creating income to donald trump during the trump presidency. this according to records obtained by citizens for responsibility and ethics in washington. taxpayers paid for 146 visits donald trump made to his private club in florida, for example. the secret service paid more than $300,000 for security at that florida property, at least $850,000 at donald trump's golf properties and at least $400,000 at trump hotels. joining us now is noah bookbind, president and chief executive officer of crew, citizens for responsibility and ethics in

washington. thank you very much for joining us, and, of course, the secret service was -- generally was at those properties to protect donald trump, and in some instances the trump family. since donald trump is i believe the richest man in the world, according to his own testimony, he didn't have to charge them, right? he could have just given them free rooms to stay there. >> that's absolutely right. in fact, his son eric trump one of the people running the business when donald trump was president actually said publicly we're not charging the seeking. we're only making them pay something like $50 a night in housekeeping expenses. turns out that wasn't true. not only were they charging the secret service, but there were times when eric trump specifically requested that they stay at the trump hotel, and the secret service had to pay above the approved rate per night for the government, so they were

charging them. they were charging them a lot, and they made a lot of money out of it. >> and in many of these trump properties, the secret service were -- were absolutely necessary to the cash flow of the properties. >> well, yes, i mean, it has become clear that donald trump systematically used the presidency to keep the money coming into his businesses. that was, you know, a steady flow of money from the secret service, from other government officials staying at those properties, not to mention all of the people who were seeking influence with donald trump who paraded to his properties and dropped a lot of money there. >> and this is something we've never seen before in the history of the presidency, that every single time the president went on a trip to new jersey or to florida, every single time he decided to do that, he was also deciding to generate income to

himself. >> we've never had anything like this. i mean, that is part of why it was so important or would have been so important and so right for donald trump to sell his businesses before becoming president. you don't get to be both a business and a president and use the presidency to benefit your business on a daily basis. >> thanks for doing this important work. this is the only work that only crew does, and we really do need this information. appreciate it. thank you. >> thanks so much for having me. >> thank you. and msnbc's live coverage will continue after this break. we will be back for another hour of coverage. we will be back r foanother hour of coverage. life can be a lot to handle. ♪ this magic moment ♪ but heinz knows there's plenty of magic in all that chaos. ♪ so different and so new ♪ ♪ was like any other... ♪ ♪ so different and so new ♪ since i left for college, my dad has gotten back into some of his old hobbies.

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today at the white house, president biden said this. >> there's a constitution. i can't dictate this stuff. i can do the things i've done and any executive action i can take i can continue to take, but i can't outlaw a weapon. i can't, you know, change the background cheques. i can't do that. >> president biden's justice department has announced they will conduct a review of law enforcement's actions on the day of the mass murder in uvalde, texas. the police commander on the scene of the shooting at the time, peter arredondo, who delayed any attempt to stop the