that's "hardball" for now. welcome to "the ed show" from new york. the biggest development in the trayvon martin case. the larming detail shines a new light on the good old boy's mishandling of the case and will make the george zimmerman apologyist east krcrow. excluszive revelations. an investigator wanted george zirmerman arrested but he was overruled. the martin family attorney is here to react. righties can't stand it's a national news story and they are lashing out at msnbc fp. >> if trayvon martin was shot and killed by another black teenager, the media would not be running this on television for

hours and hours on end. i'm taking bill o' reilly to school. an explosive day of testimony at the supreme court. >> can you create commerce in order to regulate it? that's not what's going on. >> the health care of millions of americans hangs in the balance. we'll have the latest. it's a new low in campaign advertising. >> better world nation and sworn american enemy has become a nuclear threat. >> republicans threaten an apocalypse and compare to president to a madman. thanks for waping. the lead investigator in the trayvon martin shooting wanded to charge george zimmerman with manslaughter but the higher ups told him not to press charges. this is the biggest piece of information to come out of this

case. this comes from abc news. investigator chris serino was instructed not to press charges because the state's attorney office headed by norm determined there wasn't enough evidence to lead to a conviction. he filed an affidavit on february 26th, the night martin was shot and killed by zimmerman that stated that he was unconvinced by zimmerman's ve s version of events. the lead homicide investigator was questioning the shooters story. he didn't buy it. he recommended a manslaughter charge. the state attorney who has since been removed from the case told the investigator back off. want to nope why there's outrage. george zirmman was not charged and trayvon's body sat in a morgue for three days. don't you think somebody needs to explain that. if you're still wondering why there's so much outrage

surrounding this case, the latest reports ought to clear that up. the outrage was on display in the nation's capitol. protesters gathered outside the white house and the justice department to demand answers. some members of congress are trying to draw attention to the need of federal enforcement of racial profiling and hate crime laws. on the senate and house floors lawmakers highlight the continued profiling of young black men in america. >> trayvon died because of racial profiling 31 days ago. if you walk into any inner city high school in the african-american community, mr. speaker, and ask the students, have you ever been racially profiled, trust me, every one of them will raise their hands. >> democrats on the house committee organized a hate

profiling committee. the parents spoke about the need to find justice for their son. >> trayvon was our son. trayvon is your son. a lot of people can relate to our situation. >> thank you so everyone who is supportive of our family. everyone who's helped us stand tall in this matter. everyone who is holding the legacy of trayvon and making sure that he did not indeed die in vain. >> injustice is the main reason this story continues to receive attention. where there's smoke, there's fire. the latest report of rejected manslaughter charges shows the wheels of justice were being prevented from turning. how do you think the american people will react to that? now there are new investigators in charge of the case. let's hope the conclusions of these investigators are not dismissed the way chris serino's

were. get your cell phones out. will george zimmerman ever be charged with the killing of trayvon martin? text a for yes and b for no. you can leave a comment on our blog. we'll bring you the results later on in the show. this is basig development. the lead investigator wanted to file charges. the attorney general said no. i'm joined tonight by daryl parks, an attorney for the family of trayvon martin. gooded to have you with us tonight. the culture of this story now is there's one leak after another. this is a heleak from inside th power structure from within the wheels of justice. the legal end of it and the police department. what's your reaction to this report of about manslaughter charges being dropped from the

investigation when the lead investigator wanted to file them? >> i think he's exactly right from the beginning. as you look at the evidence in this case, almost everyone comes to the conclusion that this man should have been charged and now we see after the covers have been pulled back that the lead investigator felt exactly the same way. >> does this fuel the emotions of everything that surrounds this case? >> yes, it does. it makes these parents keep having to go through the pain every day of feeling this. this type of revelation which we're just now learning about where the state attorney's office for whatever reason stopped him from filing the charges. he should have been charged that night and that investigator had it right. >> there's been so much public scrutiny surrounding this case. it seems to me and i'm speculating here that the lead investigator might have felt that he was being professionally tarnished, maybe wanting the

public to know he thought manslaughter charges should have been filed yet they hasn't been filed. it's the perfect scenario for a leak, don't you think. >> yes, it is. that's why it's coming out now. >> are you hopeful that the new investigators will use this information to properly prosecute this case? >> i'm more than confident. we met with them several times through the last couple of days. i feel very confident about prosecutor cori is going to do and the investigator she has on the ground, working on this case. they are doing an excellent job. they have promised they will make sure that everything is looked at in this particular case. they are doing just that. they are in sanford right now. they're working and the family feels very comfortable with what they're doing. we plan to assist them as much as we can. >> you're giving us new information tonight. you're telling us that the family now believes that there will be charges filed and with

the legal team thinking this is going to be enough to see some charges filed? you think the wheels of justice are moving? >> i think they are moving. what i'm saying to you is the investigation is going on. i don't think this one tidbit of information, this certainly brings about a great piece of evidence they can use to say the guy that investigated it first feels as if charges should be filed. i think it's great piece of evidence to push the prosecutor on. >> you've had indications from the prosecutor that there's probably going to be charges? >> no, no. i'm not saying that. i'm saying they're on the ground. they are working very hard and checking all the facts. i believe once they check the facts, i believe, personally, they will find enough to charge him. >> it's your professional opinion you think charge will be filed? >> not based on what i've told, based on what i've seen on the case. based on the 911 case and the

witnesses we've talked to. >> you use the word confidence. the city attorney, a manager nelson talking about confidence. here it is. >> we heard from residents last night concerns they have regarding the sanford police department. i am now in the process of talking with the department of justice and instituted a mechanism where citizens that have concerns or complaints can have their concerns heard and investigating by inspect agency. >> does this come into play at all with the investigation surrounding the death of trayvon martin? >> it totally comes into play. some of the shoddy investigation that took place, it was so bad we believe there was witness tampering among some of the witnesses. many of the witnesses said they were not encouraged to say certain things. they were discouraged. the whole process was flawed. we believe that once they start talking with the witnesses and i

think it's important that you know here that in this investigation, yes, you have the state investigation going on which is the main criminal investigation, but you have the fbi looking at some of the actions of the department as well. >> all right. daryl parks, appreciate your time tonight. let's turn to eugene robinson. eugene, does this feel the anger in any way? what do you make of it? >> i think it does change the case. i think the important part is that the lead investigator did not find george zimmerman's account of events kredsable. the sequence of events that rerelates that trayvon martin started the fight. he was bashing his head and he was in danger, those -- that

account comes into question including who started the fight, who approached whom. how did the encounter begin. obviously, some of that stuff, the lead investigator didn't buy. >> many on the right wing have almost gone so far to come to the aid of zimmerman saying the facts are on his side. now that this comes out, aren't they now in a position of asking us to believe people who were not there instead of believing the lead investigator who thought that manslaughter charges should have been filed? >> that's absolutely right. what are the facts? the facts are an unarmed 17-year-old young man was walking home from a convenient store. was stalked by this guy he didn't know in an suv and then on foot. there was an encounter and the

young man is shot dead by the guy that was stalking him. those are the facts. how can you take that set of facts and say they are on zirmman's side. >> there's so much mud slinging that's taking place. the right wing is speaking from no authority. this investigator is speaking from a professional position of authority that he thought manslaughter charges should have been filed. shouldn't that erase all the mud slinging that's been going on toward trayvon martin? >> i think it should. it's not going to decide the outcome of this case. it's going to be the facts. it's going to be the investigation and the credibility of those who zimmerman who participated in the events or witnesses interviewed and apparently not yet interviewed who might have seen or heard something. that's what's going to determine the outcome. it's not going to be blow hards who have a political point to

make. >> eugene robinson you have written extensively about the stand your ground laws. was the table set for something horrific to take place? >> absolutely. the more i look into them, the i realize there was a reason why, a nub of a reason to pass some of these laws. in some states they were concerned about domestic violence and women who might have no choice but to stand up against an abusive male in the house. as written, especially in florida, it's really a license to kill. it's encouragement for any hot head with a gun to shoot first and ask questions later, and it's unnecessary. it's unneeded. the law already takes self-defense into account. there are prosecutors in florida who have terrible problems with this law who say it's essentially a license for gang members to have shoot outs in

bars and claim self-defense. >> eugene robinson always great work. thank you. remember to answer tonight's question at the bottom of the screen and share your thoughts. the right wingers are doing their best to smear trayvon martin. i'll have commentary and rush limbaugh city thinks women's reproductive care is all about sex. if the affordable care act is struck down, women will take a huge hit. the executive director of the national association of free and chartable clinics will join me on that subject. stay with us. your finances can't manage themselves. but that doesn't mean they won't try. bring all your finances together with the help of the one person who can. a certified financial planner professional.

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the trayvon martin case is being covered in the media. my commentary is next. the supreme court debates the individual mandates. we'll discuss today's hearing. who does rick santorum think the sworn american enemy is.

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you can do dinner. four minutes, around four bucks. campbell's chunky. it's amazing what soup can do. hypocrisy is appalling. >> the righties over on fox can't stand that the trayvon martin controversy and murder is in the headlines. they think the mainstream media and msnbc are race bating.

>> if trayvon martin was shot and killed by another black teenager president obama wouldn't have weighed in al sharpton wouldn't be holding rallies. the media wouldn't be running this on television for hours and hours on end. if the person that shot him were black the media would ignore the story the way it ignores almost every other story involving black on black crime. >> if, if and a few more ifs. he doesn't have a clue what he's talking about. if the killer was black, would he be in jail right now? yes. yes, he could. that's where america stands on this story. this story is about justice and injustice. a young black man is dead and the man who muttered racial slurs and has a record of doing so, as he stalked trayvon martin is walking free tonight. don't you think that's a story?

righties like bernard want to put their head in the sand and pretend racism isn't a big deal anymore. we dealt with that years ago, everything is fine. the righties on fox news don't want to talk about gun laws that get jammed down people's throat and lead to situations like this. they want to pretend that anyone who points out the injustices in cases like trayvon martin's death are just nothing but race hustlers. >> delric wayman miller was a 9-month-old black baby sound asleep in his house in detroit when in the early morning hours a few weeks ago someone opened fire with an ak-47 and shot into the house 37 times. one of the bullets hit and killed the little baby. the only thing i could think of was why they made one story into a national story and the other they ignored is because in one case shooter had light skin and

in the other case the shooter had dark skin. >> last week we did a story on the south side of chicago where there were 49 shootings over the st. patrick's weekend. 49 resulting in 14 or 15 dead including a 6-year-old girl whose face we did put on the screen. it was black on black crime. it was generated by gang activity. >> there is a huge difference between those cases and trayvon martin. police are looking for the killers in those cases and if they find them, they will arrest them. those were drive by shootings where they don't have a suspect. the trayvon martin case exposes major problems for conservatives and instead of dealing with the issues they call people like me a race bater. we know who did the shooting here. we know what the lead investigator wanted. we know what the states attorney refused to do and injustice, justice, injustice in our

society needs to be played out on forums like this. tlp are laws being passed around the country, this outfit called alec and the national rifle association, they are bankrolling all of these legislative decisions to jam laws like stand your ground down your throats when the citizens aren't crying for it. there's a lot of different pieces to this puzzle. it's easy to broad brush and say the media is out there picking and choosing and race bating. you can call me a bater until the cows come home. i know for sure there's no question that there have been some real failures here that need to be discussed. every night i might add let's turn to dr. james peterson. first of all, i'm curious before we get to this, what are your

students saying? >> students are feeling compassion. they're feeling vulnerable especially young students of color are wondering what society we live in. >> it's a story that has a real impact on young people. >> it has. it makes them feel there's an absence of justice. there's a serious challenge for a young person if school trying to be an upstanding citizen? america. >> what do you make of the analysis? >> i'm glad you pointed out some of the differences here. we're talking about an absence of justice here. i'm curious as to what is all this sort of right wing media attention being paid to the demonization of trayvon and late in the game in this case trying to defend it or distract us from the real situation. the only thing i can come up is they are invested in protecting the nra and when it comes down to it, they are protecti ining

institutional racism. >> all of this by the radio broadcasters they say he was suspended from school, he had some issues out there. shouldn't all of that be cast ai side number one to protect him because he can't speak for himself and the lead investigator wanted to press charges. >> in a court of law, if we're fair and balanced the way we should be, they will be objected to and thrown out. the fact there was an investigator on the scene who wanted to arrest him and somehow there are other folks who wanted to apply the stand your ground law shows there's a lot of problems around what happened in the immediate aftermath of what happened. >> why is the right wing trying to paint a miscarriage of justice. there are absolutes here. the absolutes are this. this man left his vehicle an tracked the kid down. there are absolutes he was told -- >> he shot him. >> he was told not to do that

and the absolute is he put a bullet in the kid's chest when he had no authority to do that. >> he was in the morgue as a john doe. the investigators didn't use his cell phone to reach out to family. stand your ground law was applied immediately. they drug tested the corpse. they did a background check on the corpse. there's a lot of absolutes here that don't apply to what they are talking about on fox. if we want to talk about gun laws and violence and poverty and crime in the inner city i'll go on fox and talk all day about that. let's talk about the issues that create the environment in which those thinks occur, but to use this case as a way of trying to distract us from the pursuit of justice is a sad move. >> geraldo said something about this case last week and here it is. >> i am urging the parents of blacks and latino youngsters to not let their children go out wearing hoodies.

i think it's as much responsible for trayvon martin's death as george zimmerman was. >> now he has e-mailed politico stating i guess this is an apology. i have ob secured the main point that someone shot and killed an aun armed teenager. i apologize to anyone offended by what one prominent black conservative called my very practical and potentially life-saving campaign urging black and hispanic parents not to let their children go around wearing hoodies. is this an apology? >> his statement, the original statement to white supremacy and the racism that's dogging this case. we cannot let the choices of individuals be some kind of indication for them to be murdered in the street for no reason at all. the bottom line is people are wearing them is to draw attention to the arbitration nature of this crime. >> finally, how big is this story compared to other injustices that have been done?

is this really a game changer of sorts? >> it's a game changer that we can acknowledge racism exists and we have to address it going forward. if we're just going to get excited about this and keep it moving then that's the problem. we need to understand ta trayvon martin's life has been lost and in order to honor that we need to respect we have to address the issues of racism until our society right now. >> labeling it as media outrage and race bating and everything else really does -- great to have you with us. another big day at the supreme court as the jflss consider whether the affordable care act is constitutional. that is next. rick santorum's latest web ad redikts.

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opponents of the individual mandate. if the government can force us to buy health insurance, they ask can it force us to buy cell phones or bur yal services? >> it would facilitate responding when you need emergency services. >> you're financing your burial services because eventually you're going to die and somebody will have to pay for it. >> is that all for the common good? i'll get to that in a moment. the swing vote on the court justice anthony kennedy seemed skeptical. >> assume for the moment, you may disagree, assume for the moment, that this is unpresence dented. this is a step of what our cases have allowed. this reason this is concerning because it requires the individual to do an affirmative act that changes the relationship of the federal government to the individual in a very fundamental way. >> when lawyers for the opposition spoke both justice kennedy and roberts explained

the government's position pretty well. >> but they are in the market in the sense that they are creating the risk that the market must account for. >> everybody is in this market. that makes it different for the market for cars. all they are regulating is how you pay for it. >> four justices are likely to uphold the law. the government is looking for a fifth justice to rule in its favor. good to have you with us tonight. >> delighted to be here. >> you bet. the common good clause in the constitution, doesn't this come into play. i want to ask you right off the top, was there anything that jumped out at you today. how do you think the five justices handled all of this? >> the main thing that jumps out at me is we got the same

partisan line up that gave us george w. bush's election in bush versus gore and turned corporate treasuries into campaign slush funds in the citizens united case. there's very little attention being paid to what's really at stake here is congress's power under the commerce clause to define the common good and to regulate in the interest of a robust and integrated national economy. health care is one-sixth of our economy. we have 40 million uninsured people out there. it's costs the rest of us billions of dollars. i think this is an easy case. it's a simple question but it's caught up in election year politics. i think we have some extremely justices that woultd not dream of handing president obama a victory. >> did you consider those statements we played pretty political? >> it all exists within a

political frame. this is unprecedented. of course it's unprecedented. every law is unprecedented. the social security act was unprecedent. the clean air act, the clean water act was unprecedent. osha was unprecedented. you had right wingers saying it's unprecedented. yet, the supreme court when it's thinking straight has said each is totally within congress's power to regulate interstate commerce. this goes back to the very beginning of republic. the congress's power under the commerce clause is complete. it goes out to the limit. the only limits on it are those other limits found within the constitution. >> if they strike this down, does this undermine a

representative government? >> of course it does. it's like what happened with f.d.r. in the supreme court when the supreme court was inventing magical new doctrines to undermine congress's power to give workers the right to organize or to intervene into agriculture markets. when we got through all that the supreme court said that congress's pow ir are expansive and great. the irony here is that the individual mandate, which is so much the subject of political controversy and hatred in the republican party was a republican plan. it was hatched at the heritage foundation. it was the center piece of romney care in massachusetts. gingrich supported it and the majority of my party, the democratic party would prefer to go to a single payer plan.

it was a negotiation and compromise with the republican party and their friends in the insurance industry that gave us the individual insurance mandate. >> i appreciate your time. we'll have you back. we have more breaking news on the trayvon martin case. is it safe to get it? but what, so we should go broke with imports? look, i'm just saying. well, energy creates jobs. [announcer:] at conocophillips, we're helping power america's economy with cleaner, affordable natural gas. more jobs, less emissions. a good answer for everyone. we gotta be careful. it's cleaner. it's affordable. look, if it's safe, i'm there. [announcer:] conocophillips.

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to deny coverage to people with preexisting conditions. they could stop paying the full cost of mammograms and cancer screenings. young people would tho longer be guaranteed coverage on their parents insurance plan and women will be penalized because of their gender. take a look at this map. this map of the united states shows the het insurance gender discrimination before the affordable health care act is fully enacted. in the yellow, orange and red state, women pay up to 100% more than men do. in the blue states it is illegal for insurers to discriminate based on gender. i want to show you what will happen starting in 2014 if the affordable care act is completely inacted. the whole map turns blue. gender discrimination will be

prohibited by law everywhere in the united states of america. rush limbaugh can't whine about birth control but he's ignoring the real affects of the historic health care reform and what it is all about. sometimes you just have to follow the basics. i want to bring in one of the people that has been on the front lines of health care every day in her professional career. she's the executive director of the national association director of free and charitable clinics. this health care law, if it's struck down, in what ways will it affect women? >> as you talked about before there's something called gender rating. that's where women pay sometimes as much as 20 to 80% more for the same exact coverage as male. if you think about that, when you are a nonsmoking woman, this

is one that amazes me. we saw a study where a nonsmoking woman paid more than a -- a nonsmoking male paid less than a person, a woman who is perfectly healthy. someone that is eat the right food and do what's good for herself is paying for a man that is not taking care of himself. that's happening every day in this country. >> women get paid less in the workplace and they have to pay more in the insurance arena. if women's health is not dealt with what the president is now calling obamacare, what kind of stress does that put on the system as a whole? >> if obamacare as the republicans like to call it is upheld, they're still going to be 29 million uninsured in the country. if it's struck down, there's going to be 60 million uninsured in the country. half of those people will be women. women are not going to have

access to mammograms, pap meres, cervical cancer tests, all of the things that they need in order to make sure they are healthy and take care of their family. the stress that we see is we're seeing 40 to 50% more patients at our clinics, 52% of them are women that are coming to our clinics for help. if the aca is not enacted we know the stress will be more on the emergency rooms doctors offices and on our clinics as well. >> great to have you with us tonight. thanks so much. up next, there's more breaking news in the case of trayvon martin. we'll have all the details, next. stay with us. what ? customers didn't like it. so why do banks do it ? hello ? hello ?! if your bank doesn't let you talk to a real person 24/7,

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more breaking news tonight in the trayvon martin case. the special prosecutors in charge of deciding whether

george zimmerman will face charges says she may make a decision about charges before a grand jury investigation begins. angela told the l.a. times her team is working at a rapid pace on the investigation but urge the public to show patience. she was appointed to the case last week by florida governor, rick scott. she said the only commitment i made to our governor is i will determine the facts and give trayvon martin's family the answers they deserve. we want to give them complete answers. it will also be up to cory to determine whether race played a role in the killing of trayvon martin. when we return, rick santorum compares president obama to a brutal dictator. jerry springer joins me to weigh in.

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67% of you said yes. 33% said know. coming up, the gop is getting desperate of jerry springer is here for his take on rick santorum's latest ad. you can listen to me on sirius xm radio monday through friday. we are right back. [ male announcer ] want your weeds to hit the road? hit 'em, with roundup extended control. one application kills weeds, and stops new ones for up to four months. roundup extended control. the sleep number bed. the magic of this bed is that you're sleeping on something that conforms to your individual shape. wow! that feels really good.

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desperate again. his sam pacampaign released a a showing a dire vision if president obama wins a second term. the ad is a doozy. it sends a subliminal message. >> imagine a small american town two years from now if obama is reelected. small businesses are struggling and families are worried about their jobs and their future. the wait to see a doctor is ever increasing. gas prices through the roof. the freedom of religion under attack. every day the residents of this town must come to grips with the harsh reality that a nation and sworn american enemy has become a nuclear threat. >> did you see the flash between the shots of ahmadinejad. this time we'll freeze the tape. >> world nation and sworn american enemy.

oh, yeah, a shot of president obama flashes while the narrater is talking about a sworn american enemy. the strategyist behind the ad said if this scare a few people and even if they say it's over the top, maybe they want to learn more. it would be a mistake on our part if we weren't sounding an alarm in a sensational way. rick santorum is taking fear mongering to a new level and he thinks t acceptable. i want to turn to jerry springer here. pleasure to see you. >> it's great seeing you. >> it's been too long. it's goofy out there. >> the people you deal with are as crazy as the people i deal with except you guys dress better. that ad, that commercial, first of all, the good news is it would never be run in a general election. this is the kind of election you

run in a primary to see who can hate obama the most. it could so scare the independent voter in america. i don't think we need to get too worried about it. >> it really is. the gop seems to center everything around how they despise the president. do you feel that way? >> absolutely. i was no fan of george bush. i still understood he was the president of the united states. i never even when we were arguing over the war in iraq, it never for one second dawned on me or did i think that president bush wanted to destroy america. we disagreed, a lot of people disagreed with him. here it is obama, he isn't one of us. it's this hatred, what do you tell your children? this is how we treat the president of the united states? >> this is what i want to ask you. what do you think it's doing to

the country, if anything? >> i think people are turned off with politics. that favors the establishment because the establishment will always have the money and have the votes. they show up to vote. they have the money to run the campaigns so the laws that get passed always favor the rich and the wealthy. that's the system. if they can keep middle america turned off about politics, which is why nay flood the airways with negative ads. it's politics. i don't want to talk about it. it's filthy. it's disgusting. every commercial you see on television is a negative ad saying how bad our system is. it's as if everyone running for office is a crook or someone that hates america, don't let them near your children. if people grow up believing that, they know longer want to participate. if the masses of people don't participate, it's the same theory about keep people away from voting, don't let them get registered. let's see your driver's license.

turn people off from politics because if you can do that then those people in charge will quietly be able to pass everything they want passed and the rest of us get screwed. >> citizens united is changing the frame work about how we do politics in this country and the voter suppression that's taiking place. your thoughts on that. >> it's very clear. in 38 states they have been trying to pass legislation which keeps people away from the polls, particularly people who are minority, lower income people. they figure if they can keep enough african-americans away from the polls on election day, that could be enough in some swing states to make the election go for the republican. that is a very clear national strategy. >> we've got the supreme court on the verge of a big decision. what if the mandate is thrown out and ruled unconstitutional. where does that leave the country, in your opinion, when

it comes to health care? >> the whole law will be thrown out. the things we like that most people like, even if people argument against the individual mandate, the idea that you'll be able to carry your children until they're 26, the idea that preexi preexisting, an insurance company can't keep you away, all those things will go down the drain. you have to have the individual main date. people will only buy insurance when they are sick. there's not enough money in the pool to have health insurance. the whole law will go out. i think then the fight in america will be either single payer versus not having health insurance and that will be the great divide more so than we see today. >> that's the big fight on the horizon if it's struck down. i think it will come pretty fast. >> what do we have against it? >> the republicans have nothing on the table for health care other than to throw it for the

private sector. the average family can put up with those rates. qui quickly. we're in the middle with a justice/injustice story with trayvon martin. what do you make of it? the right wing is just -- >> why would they say, for example, we wouldn't talk about it if it was a black man that shot a black teenager. >> it was a black kid that did the shooting he would be behind bars. number two it wouldn't be race issue. the reason we are concerned about this is because at least based on the 911 calls we kept hearing and the history of this man as it's being reported in the news, it clearly is the fact that he was an african-american kid, that played a role in this guy carrying a n, wanting to go after him and get him. that's a big issue in america. every parent of an african-american child knows that's an issue. everyone gets