the president and his top lieutenants including janet napolitano and tony hayward sitting across from each other. they had a private meeting inside the oval office with mr. swanberg and bp. mr. swanberg saying both he and the president and bp care about the small people. he apologized, reminding everyone there were many bp

employees in the gulf of mexico. he said the administration and his company are fully aligned. that's something inside the west wing would dispute. >> fierce reaction after president obama's oval office speech last night. some said it was short on specifics. others wanted to get away from dependence on foreign oil. after a special edition of "hardball" tonight, chris matthews, you were saying the president didn't exactly take the bull by the horns. >> i wondered last night when i heard the president in his words was going to inform bp that they were going to put $20 billion in

escrow to be served by a third party. >> he seems so different behind the podium than he did in the oval office. >> we're all watching. we're critiquing the story as it continues. we need to get this thing capped, up to perhaps 60,000 barrels a day coming out of that hole in the ground. it's a horrendous environmental disaster here. it's ongoing. it's about our country, our north american geography. itth it's real and it gets to our heart. the president has got to keep fight on this line and doing what he's doing today. but there it is, the live

picture again, the held we're living right now. he just came out and talked about the people who were living down on the gulf after coming out of rita and katrina and obviously a recession that's hit them as hard or harder than the rest of the country. >> this president is doing this way and we're going to see if it works his way. i think he's listening to people who are criticizing him, but let's remember, there's some people that don't share this president's purposes. most americans do. some don't. most americans know at some point we've got to move away from fossil fuels. we like kparps nobody loves cars like americans do. we love the independence on the road and we want to keep it. that means some other way of powering our vehicles down the road. we have to think like this.

we can't keep thinking about yesterday. and a lot of the critics of the president do not want to proceed to accelerate this transition to new forms of energy. and they're wrong. and they're in the minority. and there are others who would like to see the president move more aggressively to the transition. clearly, there's a difference between the two groups of critics last night. if anything, there were people who were idiotic about bracing this together. people who want them to do better at what he's doing and those who don't want to see at all between the transition. >> it's obviously all coming out of the same place, but two very different challenges for the president. he also talks about laying out what the future is going to look like in terms of that oil con tumpgs. let me play a little clip from last night, chris, just to set this up. >> the tragedy unfolding on our coast is the most painful and

powerful reminder yet that the time to embrace a clean energy future is now. now is the moment for this generation to embark on a national mission, to seize control of our own destiny. >> can he do it? and was it smart from a political standpoint to take on not just okay, but the gulf right now. we're going to take care of the people who have been hurt bit. but also i'm going to face congress with this whole new initiative that's going to take a lot of money. >> we're looking into a large mentality. nothing could be more irresponsible than for the president to move to renewables and clean energy.

the american tradition has been pioneering, moving ahead, cutting edge, state-of-the-art, trying to get ahead of other countries. the chinese are moving on this. that allow us to move towards new sources of energy. those who don't want to take that route i think are being destructive right now and they're playing politics. it's november politics. they're trying to scare people with the prospect of new taxes or whatever, or new regulations. i think we're seeing in the gulf what happens when you have a complete lack of strong government down there. i wish he was more specific about how we're going to get a senate bill to match up with the house bill or move towards some other approach with taxation, procurement, decision which is add up to an acceleration of our transition to renewables.

i think most americans know we have to do it, go to a green future. and those who don't, you have to wonder, what are they banking on, the fact that there's going to be unlimited oil in the world, it's going to become easier and safer to drill is, that what they're banking on? ask them. i think they think the onus of argument should be taken away sometimes from the president to those who want to do something. make them defend doing nothing sometime for a few hours on television. let memory defend the direction we're going in in terms of dependence on fossil fuel. let them defend that on television instead of having to defend being a good american leader and having to accelerate this transition, which any american who's thinking about it would want to do. >> i want to remind folks that robert gibbs and admiral allen are coming out. a special tonight, "rise of the

right." >> i have very little to say in this, except as a continuity adviser. you're going to hear the voices of people on the right who are going to scare some people. some people on the right will watch tonight and cheer it. they'll say right on throughout the show. some people in the mid ll say i can't believe this. some people from the left will be very disturbed by it. i think a lot of people will be when you hear americans say barack obama is not an american, that this government is a tyranny that it's illegitimate. you talk about radical politics you're going to hear it tonight. >> chris is there something you have not heard from the president up until this point? something you think the american people are still waiting for from him? >> i think it's the decision to

go beyond bp. there's a lot of hois voiss out there that there are a lot of other resources in the world, government and nongovernment that could help us to clean up the oil from the gulf. i would like them top cast out the net. this is our gulf. we have to save it. most americans have watched the president focus on what bp can do. i think we have to ask what anybody in the world can do for us right now. we just want to let you know, they're taking up some other topics at the white house briefing to start with. we're watching that and we'll get back to that for you when they get back into the meat of it. moments away, how did a jaywalking stop end with a teen

punched in a face. a cop is accused of using too much force. but does the video tell the whole story? oi he's like a bulldog and he will not let this go. >> hunting bin laden. one man on a mission to capture the world's most wanted. his brother tells us what made him do it. and turning a new page in the palin family saga. bristol and levi, are they giving it another go? all that plus breaking news straight ahead. hey! [ tires screech ] [ female announcer ] when business travel leaves you drained, re-charge with free high-speed internet and free hot breakfast. comfort suites. power up. two times with comfort suites or any choice hotel, you can feed a family of four. book now at choicehotels.com to start earning your $50 restaurant gift card.

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>> for the second time in two months, big controversy in the seattle police force. another video. this time it's of an officer punching a 17-year-old. it all started when he tried to arrest her 19-year-old cousin for jaywalking. you again, this is cell phone video so it's very chicago kay.

take a look. . >> [ bleep ] get off of me! get the [ bleep ] off of me now. >> now, as a crowd gathers around, the woman screaming a profanity at the officer, tries to shake him off. then turn your attention, we just put the circle around it to her 17-year-old cousin. that's the woman there in pink. the next few seconds of action stun the crowd as the girl tries to intervene in the arrest. watch very closely. >> oh! >> another man who actually appears to know the girl pulls her away as the officer tries to subdue the woman he was originally trying to stop. our next guest has been covering this story. what do we know about what happened leading up to this video?

>> we know the intersection has been known for years for jayw k jaywalking problems. and what we've been told by police is that the officer saw somebody jaywalk across what is martin luther king jr. way south and rainier avenue south. saw one person stopped, saw more people. that's when the incident escalated to what we see on the video. >> and as i understand it, there have been a number of accidents there in fact, maybe the highest for jaywalker, so there was a request the police keep an eye on it? >> i don't know about that, but the latest information available to me showed that rainier south had the highest number of jaywalkers hit by cars during that period. >> so not unusual necessarily for police to stop a jaw walker. this was not necessarily an insulated incident? >> right. it's not necessarily the jaywalking stop that has a lot of people questioning.

it's more the punch. >> well, of course. but what i'm saying is that it's not, like, out of the blue that suddenly gsomebody gets stopped for jaywalking. there had obviously been a number of problems there? >> it's not out of the blue, no. >> i know it's tough to generalize, but what's the talk been there? >> it depends on who you talk to. the urban league president said he wasn't defending the action of the young woman but said the use of force was absolutely excessive and said the officer should be ashamed. hours later, the police union president said that the officer did absolutely nothing wrong and the problem lies in the lack of respect that the president have respecting the process, which is you deal with the officer

respectfully and then go to court to have your day or a complaint if that was warranted. >> so right now there's an ongoing investigation? >> there is. it's been sent to the office of professional accountability with the seattle police department which is also investigating the incident that happened in late april. and the assistant chief came out and said held review arrest procedures to see if there is possibly more training or something seattle could do to kiernd of prevent these things from happening. that's kind of pair fazipha par. we have a great deal more on our website, but the reaction var ris on how people see the video. >> thanks so much. >> thanks very much, chris. bp's ceo getting ready for a capitol hill showdown tomorrow. law makers will hammer tony hayward.

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tone for the government's response to the disaster. eric cantor, the republican from virginia is complaining about a lack of leadership. >> there was no leadership, there was no plan. we've got a real environmental catastrophe right now. and there's no demonstrative thing to point to where this president says we've got to plan, we're going to get it done. >> we're going to talk more about this. but let's go to the white house briefing now and robert gibbs. >> how exactly did that come together? >> we reached an agreement with bp they will establish an independent claims facility and an escrow account. and it was in the course of these discussions that they would agreed to do all this. >> so it's your feeling the company would have done this on its own? >> no. >> so this was essentially a

white house-ordered agreement. >> it was a white house-driven agreement. they will agree to set up this facility where claims can be expeditiously reviewed and decisions made about how to proceed. they'll set up an escrow account of $20 billion. they will also provide u.s. assets of $20 billion to back that up. >> i will say this. obviously the white house and other agencies of the government have been working over the past several days. we heard the president speak last night about -- and others in the administration speak yesterday about directing them to set up an escrow account that would be administered for speedy clients. >> what about the other companies that were involved in some way that may have had an interest in the well or the rig. are they liable at all?

>> bp is the responsible party. others will be working with these companies and whatever way is appropriate to secure funds. what we have is an agreement for $20 billion in this fund. it is not a floor. it is not a seal krooeling. -- ceiling. it's assurances to make sure the people can get their claims paid in a timely manner. it sets up a process. it will be mr. feinberg and a three person review panel. all of that can be done in an expedited manner. if the individual is not happy at that point, they retain all of their legal rights. bp, however, can only seek an appeal of mr. feinberg's determination if the claim is in excess of $500,000 that's been granted, or if feinberg certifi

certifies them as liable. >> why $20 billion? >> it's not a floor or a ceiling. we wanted to make sure there were adequate resources there for people to know that they could have their claims met. there were also claims the states, local governments may have claims. and so we wanted to start this with a fund that would be adequate to meet all of those expectations. >> and just to reiterate, this does not eliminate or cap the economic damages that bp may be responsible. >> or natural resource damages. >> or natural resource damages. it does not limit in any way their responsibility. >> just one last question. we didn't hear from mr. hayward outside. did the president have anything specifically to say to him? >> the president spent 20 or so minutes at the very beginning of these meetings for several hour, our group was in discussing the details of the frame work agreement.

the president spent 25 minutes with the chair alone in the owe yal office. i think you heard the president speak directly about that. the comments he made at the opening of the meeting and to the claire weren't directed at any one person, but directed at the entire company. and to understand -- and underscore the responsibilities that they have is the responsible party for this disaster. do you have anything you want to -- yes, ma'am? >> the meeting was supposed to last a short time. it lasted several hours longer than it was on the schedule. i was wondering if you can tell me a little bit about how it played out and whether the apology that was made was something you sucked that they do. >> they actually began the meeting with the president in the roosevelt room with an apology.

the meeting then turned to the president laying out the concerns we had, the things that we thought were very, very important to be addressed. we talked about the containment that's ongoing. he talked about the fact that, you know, every time he goes down to the gulf, he visits with these individuals. he visits with small businesses who are feeling the impacts, the need to get that addressed. and the best way to move forward would be through an independent process, not run by the government, not run by bp. and an escrow account to ensure adequate funds to meet the needs. and again, if they're not adequate, it's not a floor, it's not a ceiling. bp remains liable. they remain liable for everything they were liable from the beginning. which is the clean-up costs, and now what we have is this fund to honor the economic costs. >> was the doif dend something you prezzed them on? >> the president said he ubd they might have legal

obligations but he didn't want to be in a situation where people in the gulf of mexico weren't getting their needs and their claims honored. >> what was the atmosphere of the meeting? why did they go on longer? there must have been sticking points. >> there were sticking points. there were six people representing bp and we had in the room maybe six or seven. and at times, we needed -- each side wanted to talk amongst themselves. we wanted discussions and to seek his council. from the outset, it seems like it was a long time. there were breaks not for lunch but for conversation ace loan.

>> did the president accept the apology? >> i assume so, yes. >> what were the sticking points? >> to be honest, we'll be happy to get into what was agreed to. >> so you can't tell us what you bumped heads over? >> we've reached an agreement. it's a really important agreement for the people of the gulf of mexico. it gives the individuals and the small businesses, you know, some certainty that their claims are going to be handled in an expedited manner. i think this is a very positive step forward in what has been a very difficult situation. >> was that suggested by the white house or something they volunteered? >> that was suggested by the white house. we are concerned and welcome the fact that they are making a voluntary contribution, $100 million to a foundation for unemployed rig workers as a result of the changes in the swiegs in the gulf of mexico.

and we should also note, we are continuing to pursue some legislative fixes that would allow individuals to apply for unemployment insurance. >> just one more thing on the tone of this meeting. as these various thing were being bright up, the $100 million, the $20 billion, what was the sense? i mean, what were they doing? were they pushing back? did they -- can you give us some color as to how they were reacting? >> you know, negotiations are negotiations. people have ideas, they put them forward, they discuss them and decide how to proceed. the president was clear from the beginning that what we needed was some sort of independent claims process. we needed an escrow account and we stayed focus on achieving the president's goals for the meeting. >> one final thing, the $20 billion fund, when was that agreed to? was it yesterday and then finalized thank you? >> it was agreed to today. >> yes? >> two questions.

it took a long time for this meeting to come to fruition. the president obviously almost waited two months before he saw mr. hayward face to face. going forward, do you expect to have continued meetings at this level or is this it? >> the president will meet with whomever he needs to meet with whenever. admiral allen is in touch with bp. others are in touch with bp, and they have been throughout this process and will continue to be. >> but at this level. do you expect this to happen again? >> again, if more meetings are needed, more meetings will be had. >> going back to what the president said yesterday, the this is probably more for admiral allen, if something isn't working, if there are problems on the ground, we will fix them. are you confident that local authorities have the ability to communicate to the federal government when there are problems? because we have been reporting for a good deal on the gulf, and it seems that a lot of local

officials are feeling they will have to take steps on their own and deal with. problems as opposed to bait waiting for the federal government. >> i talked to the president about this yesterday, we established specific deputies for the incident and command post for mississippi, alabama, and florida. we also guaranteed governor crist, this is a group of coast guard folks into their emergency operation center in tallahassee. to the extent they think there's a problem, it doesn't matter to us. we've got to reduce the cycle time. our ability to respond, putting leadership closer to the states and the ability to make decisions out there and put assets on target as soon as we can quicker. >> following up on, i think it was dan's question on the $100 million, you had been saying before the oil rig workers put out of work would be treated equally to other people. now it sounds like they're being put into a different category with a limited amount of money. are they now not going to be treated as well as they would have if they would have applied

just like everybody else for the $20 billion? >> i think there were some concerns about under the law, their ability to participate in the other fund. we wanted to make sure that there were mechanisms to address their needs. and so the $100 million voluntary contribution by bp and the work that we're doing in congress we think is a significant step towards meeting their needs. >> and i would say this. you heard the president, he said this in the gulf probably more than a week ago and reiterated in a speech last night, he understands the economic impact of the deep water drilling moratorium, understanding that we do not yet know what caused the accident. and because of that, the president believes it's important to pause additional deep water drilling, but will ask the national commission look into the regulatory frame work that we must have going forward to ensthur drilling is safe that

they can and should look at the framework around dreep water drilling first and report back to him as soon as they can. they do not have to wait for any set period of time. >> but it sounds like they're now kind of in a second class having to rely on a separate fund. and you're saying going to congress. that's taxpayer money. so it sounds like taxpayers are going to be paying for some portion of this. >> it's for the unemployment insurance portion of it. that's what we're asking congress. some of the workers apparently would qualify under existing law. some might not. so we're seeking to make sure that all of them clarify and now there's this additional fund that's been created. >> one other area of feinberg, knowing him he'll moget up and move quickly. there's a lot of standards and box circumstance how quickly will he start handing money out to people. >> it's important to understand, people can continue to file claims. this will be a seamless transition. as feinberg's operation comes

up, they will be shifted over, but there is a claims process today. we all realize it's not, wog the way we want it to work. >> what they're getting is a drop in the bucket. >> that's why we set this up. >> when will they get the bucket rather than the drop in a bucket? >> he'll set this the up as quickly as he can and humanly possible. picking him and somebody who's done this before, understands, as you said, the bureaucracy anden the standards that have to take place, i do think it is important to reiterate what carol said, which is if you were to file a claim yesterday or today, you still fall within a 90-day window to have that claim adjudicated. that will continue to be the case. we believe this will be handed off in a seamless way and we now have additional backstops to ensure that claims are not just heard independently. but the appeals process beyond ken feinberg to a three-judge panel, and ultimately retaining their right under federal law if

they're unsatisfied with even what the three-judge panel rules that they can visit federal court. >> the president said these are people with mortgage payments, boat payments, families to feed. if they don't get this money in a week or two -- >> again, we are moving as expeditiously and quickly as we humanly can. >> and there are claims being honored. there are claim and we can get you the numbers reported on a regular basis. >> i think bp did a claims call yesterday. >> and we have the numbers. so we can get you the numbers, the numbers of claims that have been responded to. but it's important, people should go into that process, if they have a claim today, they will be moved over as this system is stood up. it's also important to understand that under -- if the federal government adjudicates the claims that we make a one-time payment under this, we will -- people will be able to apply over and over again as is necessary. it won't be just a one-time payment. >> if you're a fisherman in grand isle, you don't have to estimate, because quite frankly

i'm not sure anybody knows how long the gulf is going to be closed. you don't have to extrapolate 12, 24 months in advance. you can file a claim now. if you're still not able to fish sufficiently two months from now, because there are still strixs on fishing, you can refile until you're made whole. that's a different process than if, as carol said, the federal government ran it, it's a one-time deal. >> but if i'm a fisherman and my boat payment is due in two or three weeks, am i going to get it? >> you will have your claim heard and seamlessly moved over to an independent process that we think gives the certainty of the funding as well as the independence of a third party. >> this is the overall summary. we can give you more detail breakdown, if you wish. but as of this morning, there were over 66,000 claims filed.

disbersed was $81 million. >> that's paid. >> claims. and checks cut, 26,000. so those are the overall order of magnitude numbers. >> define dissatisfied claimants. they received money and then in hindsight feel it's not fair? >> let's talk about how the current system works and how it will work. right now, if you file a claim under the current system, and you are dissatisfied with that claim, you have the right to go to the federal trust fund, the oil spin liability trust fund, or to go to court. what this sets up is you can file a claim. mr. feinberg will determine whether or not your claims should be paid, how much should be paid. pound tpapay it. if y don't like what mr.

a three-person panel. and have that reviewed. at the end of the panel, you can take that. $20 billion is not

enough. if you need, you say it's not a floor, it's not a kreel, but you go back and say we need more money. is there a specific procedure you've agreed on? >> bp maintains all the liability. all the rights of the claimants have been preserved. right? right now, this new escrow account, this new claims facility will stand in its place. you have a right to go back to bp and ask for a payment. >> it's really, really important to understand.

>> is the president accepting a bi bill. >> i don't think that's been unclear. the president reiterated a call last night and said failure is the price of inaction. this morning, the president spoke with senator kerry and luger. eneach has energy legislation that the senate is likely to

take new several weeks. they will discuss a process the senate uses to move forward. i think it is safe to say the president's direction on energy is very similar to the direction that is in the kerry-lieberman bill. and the president feels strongly that including -- that including a component to deal with climate is important in comprehensive energy reform. there's been ideas about increasing energy efficiency standards as much as carol has worked tirelessly to deal with cars, lights trucks and heavy duty trucks for the first time. the president met with business executives at the white house last week, which, one of their

questions was why more money isn't spent on r&d when they're spending a ton of money on r&d. the president is going to have a meeting next week here to work through that process going forward. >> this is something the president supported the public option, but he got 90% of what he wanted and he would rather sign 90%? >> i don't know why at this point, it would be pertinent to get into hypotheticals again. i think the president -- go back to what he said at pittsburgh a week and a half ago. going whack to what he said in 2006 as a u.s. senator. his position on how to approach our energy policy comprehensively is fairly well known. >> two questions. someone, what is bp getting as a result of this agreement?

are they getting any agreement that they won't be found negligent at all or? and you said that, i guess, bp would fund the fund with u.s. assets. so is it -- >> no. they will make payments over a four-year period of $5 billion a year. but they will provide assurance for those commitments by setting aside $20 billion in u.s. ass assets. it's like an insurance policy. it's not 20 and 20. they nit kmitcommitted to 20, b provided assurances thatly set aside assets. as the fund grows in size, the assets could be reduced. it's just an insurance policy. >> and what did -- what is bp getting out of this agreement?

bp i think would have a better way of reading out what they did and why they did this. the president's objectives were clear. >> obviously, a lot of questions being asked and answered about a lot of big developments that have just happened the last few hours after that four-hour long meeting. president obama, white house officials and executives from bp. here's the headlines in case you're just joining it. a $20 billion fund. that's going to be the financial ground work for restitution in this. the rigs have been shut down. the deep water rig closure, the workers there are going to be compensated. then we heard from the folks at bp who said they have made a decision that they're not going to give any more dividends this year. that was part of a strong criticism that while the folks

in the gulf were suffering, they were paying dividends to their stockholders. by the way, he'll be there when tony hayward comes to face the music. before i ask you that, let's get more details about what the president laid out today. >> the president has a determination to see to it that things are correct, including see to it that the persons who have been injured are paid whole that bp does so. it also was noteworthy that he again heard that something be done to end the ravenous appetite of this country for oil and to get us into a place where

we're not spending a billion dollars a day importing to waste over here. >> we have heard a lot of complaints from the gulf coast. people who say they're not being paid. people who say the claims process are being complicated. do you think it's taking too long to get up to speed? >> this is no small matter here. first of all, i heard not long back that they have about 66,000 people who have filed claims. processing that from a stand still with no personnel in place, and with no administra administrative practices designed to address it is a very difficult task. >> let me ask you about tomorrow. you've got this hearing, there are an awful lot of people who would like to be in your shoes, particularly people who live in the gulf coast who have been affected by this. what's going to be your message to tony hayward. what's the question you want him to answer? >> well, first, get that spill

shut down immediately. second, see the clean-up goes forward and third, review your practices and stop making hideous messes like this, which is the largest single ecological disaster this country has faced. >> john dingell, democrat of michigan. thanks so much. we'll be watching tomorrow. >> thank you. >> we're going to take a break. when we come back, we're going to talk to doug brinkley, not just a presidential historian, but somebody who has lived and worked in new orleans. he knows a lot of folks there. we're going to get his take on president obama's performance over the last 12 or 24 hours or so. "one of the best family cars of 2009." the insurance institute for highway safety calls it a "2010 top safety pick." consumers digest has called it a "best buy" two years in a row.

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the people of louisiana have heard and i think the media deserves some credit because they have been going after bp. the journalism has been ferocious, and, you know, if we just beam ourselves back 50 days, nobody was sure whether it was transocean guilty or cameron or halliburton. bp has had egregious safety flaws on that rig. the documentation showing it and bp did this out of desperation. it was the best move the company could have made, and it gets obama a platform of credibility now to go forward in the gulf coast with the recovery which is going to include rebuilding the wetlands where the oil is getting in and cleaning up the beaches where the tar balls and, et cetera, and we can't even get to the marine life issue yet, but will be devastating. the depth zone in the gulf from the chemical dispersants and the oil. >> let me ask you from an historian's perspective about

the change we've seen in president obama from the beginning of this, certainly over the last couple of days? >> well, he heard the american people. the american people went after bp and ken salazar looks like correctly said the administration is going to, you know, we've got our hands around the throat of bp. it's taken a lot of lawyering and a lot of time. it's looking at how this gets paid out. setting up a distribution, and it's a lot of work, but in the end the administration has shown by getting the 20 billion from bp and whether they have listened enough or fast enough is another story but this is a significant moment in this, and it shows bp is being culpable for the worst environmental disaster in american history. >> doug brinkley, thanks for sitting around. i know were you there for a while listening to the press briefing. it's always good to get your perspective. good to see you. >> nice to see you, thanks. >> and that's our show for wednesday. i'm chris jansing.

dylan ratigan is up next, plus congressman anthony weiner and why he thinks bp should be removed from the oil cleanup effort. [ birds chirping, animals calling ] ♪ [ pop ] [ man ] ♪ well, we get along [ laughing, hooting ] ♪ yeah, we really do ♪ and there's nothing wrong ♪ with what i feel for you ♪ i could hang around till the leaves are brown and the summer's gone ♪ [ announcer ] when you're not worried about potential dangers, the world can be a far less threatening place.

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good afternoon to you. i'm dylan ratigan and today we're looking for less talk and a bit more action and for that matter from bp, everyone saying the right things, of course, but will their action match the rhetoric? are they actually doing everything possible to contain and cap that well, or are they still just playing politics and finger-pointing? plus -- >> very much a roller coaster ride, roller coaster experience, and those who are living it have to try to keep their eye on the horizon. >> the afghanistan roller coaster. why are we on this ride, and how do we get off? new worries about our time line for our country's longest war.