. >> martha: here now, andy mccarthy, former federal prosecutor in fox news

andy mccarthy joins me now. he is also a fox news contributor. thank you for being here.sting piece in the national review, and i would point our viewers to it. you're saying because of the confusing way the department of justice is structured the attorney general does not have the authority to fire the u.s. attorney, but the president does. do i have that right? >> that is right. constitutionally every one of the 94 attorneys in the united states as a presidential appointee, just like the attorney general. and while in the organization, the chain of command, the u.s. attorneys in each district reports justice, which is run by the attorney general. the attorney general and charge of the executive branch. in terms of firing, only the president who is the only official in the government who has executive power. everyone else who works for the executive branch is a delegate of the president. only the president has the power. >> jon: so we don't know why bill barr wanted to fire jeffrey berman, right? >> i think we can figure that out. look, they democratic administration, wh

andy mccarthy says institutional racism bears no resemblance to reality.n police forces, and not in america. he is here with the data to explain his perspective, and he is here next. ♪ open road and telling people that liberty mutual customizes your insurance, so you only pay for what you need! [squawks] only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ >> martha: growing calls to defund the police across this country. new york state senator julia salazar and former obama doj spokesman and hillary clinton press secretary brian fallon also in this shortly worded tweet, defund the police. and eric garcetti is promising up to $150 million from the l.a.p.d. budget reinvesting those funds into community of color. >> i want you to know we will not be increasing our police budget. how can we at this moment? our city through our city administrative office identified $250 million in cuts, so we could invest in jobs, in help, in education, and in healing. and that those dollars need to be focused on our black community here in los angeles. as well

as we await let's bring in andy mccarthy. former u.s. attorney. david webb host of reality check. and richard goodstein former advisor to bill clinton and hillary clinton. thanks for joining us. david webb, i come to you first. the words were jaring to hear ben crump to talk about the legal details to, call out the names for whom we need to take a breath? >> yes, and i would ad something else george floyd said. he said i can't breathe but also said please let me stand up. americans said george floyd deserves justice. we have seen politics inserted into this. that needs to be pushed out. we need to turn this back into peaceful protests. take control. situation. we are destroying the very communities that will pay the price when the protests and the riots are passed, when the case has been adjudicated. that damage will remain. >> harris: andy, let's talk about the potential charges. maybe you can help us break down. we understand the element. diaphragm having to expand. there was talk among the officers. it's hard to watch and listen to that 8 minutes and 46 seconds. maybe we need t

attorney andy mccarthy with us on all of that. what do you make of this latest development?know, i think what is going on is some prodding because the president obviously has the authority that if you wanted to unilaterally to take action here, it is preferable that the governors do it. it is preferable that the feds do it with cooperation, with the state authorities. and in a series of unfortunate events is that this thing has in many ways sunk into partisan politics in an election year and a country that is deeply divided to begin with. and the unfortunate thing about that is that if the politicians on each side look like they are setting the stage to blame the others for failure, the insurrection on the street will understand that we are calculating that we will have failure and that just makes the problem worse. so what we really need here is statesmen to rise above this. we need an american reaction, not a republican or democrat or president or blue states governor reaction. we need an american rule of law of reaction to this to make it clear to the street that order is

we have andy mccarthy on the federal government getting involved in the restoration of wanton order. that is up next. ♪ at newday usa. newday's va streamline refi is the quickest and easiest refi they've ever offered. you can lower your payments by this time next month without having to verify your income, without getting your home appraised, and there's no money out of pocket. one call to start saving $2000 a year. every year. one call. then, sit back, relax and think about what you'll do with the savings. call newday right now. to give you the protein you need with less of the sugar you don't. [grunting noise] i'll take that. woohoo! 30 grams of protein and 1 gram of sugar. ensure max protein. with nutrients to support immune health. ensure max protein. yeah. this moving thing never gets any easier. well, xfinity makes moving super easy. i can transfer my internet and tv service in about a minute. wow, that is easy. almost as easy as having those guys help you move. we are those guys. that's you? the truck adds 10 pounds. in the arms. -okay... transfer your service online in a few

they indicate the power of this moment, given what has happened, and andy mccarthy thought, we cannot out. they wanted to remind everybody that the vast majority of law enforcement offices are good. he mentioned this of course, after expressing his condolences to the floyd family. he reminded all of us that these are law enforcement officials that rushed into the twin towers after the terror attacks of 9/ 9/11. they react to all of this by defending the police. >> i think this is as far as it goes. there is a lot of power in their rhetoric today and the fallout of that unfortunately is that in the minds of people watching this hearing, the person that was confronted and they say the vast majority of the time, that is required to keep it, and it would be really bad to keep qualified immunity the way it is now. and that's terrible egregious abusive behavior, and it's a very political moment where a sober thought is taking a holiday. >> we are calling this a moment for this country. the police angle, as they watch this debate. in some of them are vilified. >> we often see these moments a

maria: andy mccarthy joining us there.state, the challenges employers are facing amid the coronavirus pandemic and getting employees back to the building, back to work. stay with us. maria: welcome back. states and cities across the country are reopening but that does not mean that the coronavirus pandemic is over. in fact, there are now new covid-19 hot spots emerging across the south and in california. posing a challenge to the commercial real estate industry as well as people start returning to work. joining us now is joel marcus, the founder and executive chairman of alexandria real estate. they are leading the way if developing a covid-1 covid-19 ve and joel it is great to see you this morning. thank you so much for joining us. i want to get to the vaccine in a minute. but you know, i think that your most recent earnings report truly exposed and told many investors who you are and that your tenants and facilities are in the fight to find prevention and cures for covid-19. assess the quarter and tell us where you stand

we have andy mccarthy on the results of the trump russia probe throughout possibly the summer. news coming in, a powerful republican senator is demanding unredacted e-mails and more from a little-known pentagon unit he says likely behind the leaks of the media to fuel and sustain into the trump campaign when internally top obama intelligence, justice department officials, fbi officials admitting their case was falling apart. f also growing questions in washington about new details questioning why exactly was a molar probe launched to begin with. the fbi did not have a case. they knew they did not have it. why did robert muller have to step in. digging into government officials using rarely cited laws to go after the team that had nothing to do with the conspiracy. this procured off the rails away from trump, russia collusion. coming on tonight, he knows better than most americans what it is like to be unfairly targeted by the federal government. also tonight, senator tom cotton saying the federal government, you now have to arrest and stop the mob vigilantes riding through our

let's bring in andy mccarthy. andy, great of you to be here this morning.been a lot of drama surrounding bill barr's announcement, so what do we know about the nature of it, and whether it was appropriate? >> i think it's largely much ado about nothing if you look at it closely. he was not a permanent full-fledged u.s. attorney, and i don't mean to denigrate the job he was doing but he was essentially keeping the seat warm until he got a full appointed u.s. attorney there. they have to wrestle with the fact that both u.s. senators, the senators have an impact on the confirmation process. and trying to work with the democrats in congress. clayton is a natural guy that they might try because he actually got confirmed as sec director with bipartisan support. so they probably figured they had a shot at at least potentially getting him confirmed down the road. i actually think this was what that was about. they actually offered him other important positions in the government. >> sandra: there are a lot of confusing details coming out of all of this. as far as si

maria: welcome back, we are talking about michael flynn this morning, we just heard from andy mccarthy on the dismissal. andy was getting, you know, looking at what day the meeting was, was it the fourth or the fifth. you know, i think it was the day before the bigger meeting in the oval office but that's really not the point. the point is these notes from peter strzok put president obama and vice president biden in the room and obviously show us that they were aware and weighed in on an investigation into the incoming national security adviser. how do you see all of this? steve: well, i think simply underscores what we already knew and underscores why joe biden hasn't been questioned about unmasking of general flynn, that never seems to have been answered and the bigger question, maria, what deterrence is there in the future of this unconstitutional behavior to destroy personnel before it comes to office. yeah, they might be revealed. where is the walk that people would see in the future, this is something you just don't do. maria: yeah, i've been asking for the accountability for som

attorney andy mccarthy says no, according to minnesota law, they give the right charge with their degreeuickly, just your thoughts, his of her but he sing something differently or is there a baseline here? >> no, and he is a really good prosecutor. murder 1s premeditation with the intent to kill. murder 2 is the intent to kill without the premeditation. murder 3 is an inherently dangerous act that results in someone's death. the safest charge is murder 3. some want to take safest charge. however, when someone is begging for their life, harris, when you are warning the officer, "you are killing me," how much time meets the past before it becomes premeditated? no one is arguing he planned this for a week, but if someone is saying, "you are killing me," how much time needs to pass before that manifests premeditation, which you need for murder 1? and he is a really good prosecutor, but maybe i was a little more aggressive -- i also was a homicide prosecutor. >> harris: i heard you were really good prosecutor, too. [laughs] >> that was a long time ago, here is. long time ago. >> harris: trey

andy mccarthy ripped into the whole idea that congress really even can be effective in this sort of changeshe said we don't -- the federal government has done jobs with intelligence agencies and the fbi in recent years, but he says doesn't really recommend them in terms of being able to make things better in this regard and he says the nypd has driven homicide and the biggest city down 86% since 1990. saving tens of thousands of lives mostly in minority communities previously plagued by violent crime. what do you say about that and the undertaking that we all watched today? >> i think that he has a great point. look, we live in a federalist system and we were prefer it happen at the state and local level where it is supposed to happen, but there are things that we can incentivize when it comes to federal tax dollars they can get that kind of training and accountability in place that will make things better. i thought the best line today, the line that grabs everyone at least me was the line from george floyd's brother when he said life is precious. and amen to that. at the life of george fl

>> i don't think they will be able to prove first-degree murder as andy mccarthy said on fox. third-degree murder is the appropriate charge. one of the worst aspects, bill de blasio, governor cuomo, attorney general in new york, leticia james, even admits mapping, they stated moral equivalence for the police and rioters. raised a question whether police are being too aggressive. how by any definition are they being too aggressive if the rioting and loot something continuing night after night? melissa: dan henninger, thank you for that. connell? connell: our coverage, melissa continues this hour, we'll take you around the country. there are major cities on edge. cleanup efforts are underway as local residents prepare for what could be another night of chaos, that includes a city that has been the epicenter of this unrest, minneapolis. we'll take you there, with a look where things stand. that is coming up. violent demonstrations forced many businesses to reshut their doors. they were ready to open after the lockdown but not anymore. we'll talk to one in atlanta that is on the f

. >> shannon: another familiar name we all know here, andrew mccarthy, andy mccarthy to us rights andhe national review, "the political prosecutor caved into the mob. he describes it as a hyper political county prosecutor under the corruption microscope as he desperately seeks reelection, filing mob-driven charges before the actual investigators have a chance to finish their work." he said the prosecutor's press conference was theater of the absurd and i saw your reaction after this was rolled out yesterday, you didn't seem too convinced of what he was doing now that you've had a day to think about it, how do you feel tonight? >> i feel clearly the same way and the way i felt last night, it was unfortunate that way at d.a. paul howard rolled out these charges. what normally happens when a police officer is accused of something, the police officer is put on administrative leave pending the outcome of an investigation, this did not happen here. rolfe was immediately fired by the mayor and the other individuals put on leave. but the georgia bureau of investigations who conducted this inv

we're bringing on fox news contributor andy mccarthy.e will talk to us what he think the judge missed when it comes to the fbi abuses in the michael flynn case. that story is next. ♪ s great for us! but not for your clients. that's why we're a fiduciary, obligated to put clients first. so, what do you provide? cookie cutter portfolios? nope. we tailor portfolios to our client's needs. but you do sell investments that earn you high commissions, right? we don't have those. so, what's in it for you? our fees are structured so we do better when you do better. at fisher investments we're clearly different. our fees are structured so we do better when you do better. i have the power to lower my blood sugar and a1c. because i can still make my own insulin. and trulicity activates my body to release it like it's supposed to. once-weekly trulicity is for type 2 diabetes. it's not insulin. it starts acting from the first dose. and it lowers risk of heart attack, stroke, or death in people with known heart disease or multiple risk factors. trulicit

andy mccarthy, thank you very much for weighing in on all of that.ay. >> thanks, harris. >> harris: nascar has announced some big changes, as one of its drivers has just made his own big statement. >> our car was so good, our black lives matter chevrolet, it was so good on the long run. >> harris: bubba wallace hitting the track in a car painted with "black lives matter," as nascar said it will ban confederate flags at all competitions and events. our own carley shimkus is here with the details. ♪ thveterans with a va loan.s of with just one call to newday, you can cut your family's mortgage payments by $2000 a year. the va streamline refi is a benefit your spouse earned. it shortens the refi process so veteran families can save money by refinancing. there's no income verification, no appraisal, and no out of pocket costs and you can do it all right from home. qare made with farm grownal apples as the first ingredient. and key nutrients you want. so you can have a daily multivitamin free of stuff you don't want. one a day natural fruit bites. a new w

we're bringing on fox news contributor andy mccarthy.e will talk to us what he think the judge missed when it comes to the fbi abuses in the michael flynn case. that story is this is decision tech. find a stock based on your interests or what's trending. get real-time insights in your customized view of the market. it's smarter trading technology for smarter trading decisions. fidelity. makes it beautiful. state of the art technology makes it brilliant. the lexus nx experience the crossover in its most visionary form. experience amazing at your lexus dealer. they will, but with accident forgiveness allstate won't raise your rates just because of an accident. cut! is that good? no you were talking about allstate and... i just... when i... accident forgiveness from allstate. click or call for a quote today. ♪. elizabeth: now to the news on the michael flynn case. a former judge appointed to argue against the justice department's motion to dismiss the flynn case says no, don't do it. first up, he also said today that flynn did commit perjur

ted williams and andy mccarthy stand by with analysis. first, aishah hasnie here in new york city where the mayor is vowing to cut funding to the nypd. good afternoon. >> good afternoon. that's right. the mayor is facing pressure from many different groups including this one here. this is calling for an elected and independent civilian complaint review board to look into police abuses. but we've seen plenty of signs today protesters carrying them, saying fund community, not cops. resources, not police forces. the mayor has said that he will essentially move part of the nypd's $6 billion budget over to youth that initiatives and social services. he was asked by reporters how much money are you talking about? he wouldn't say. some protesters say the mayor's plan is not enough. they're pointing to a segregated school system in new york city. they want more money for education. the mayor taking time to squash rumors swirling last night about a shakeup in the top brass of the nypd. listen to this. >> false. untrue. i don't know who is planting

. >> i want to raise something our buddy andy mccarthy, well known to fox viewers and an attorney, former federal prosecutor in new york. something he wrote . he said thepresident had the constitutional power to restore order . in his piece at national review capacity, conveying the message that lawswill not be enforced if provocative . it's gotten worse because state governments failedto convey the signal that order will be maintained and the rule of law and force . we talked about what a difficult decision this is for police commissioners and for governors to find this lineto respecting the peaceful protesters who very much grievances related to george floyd and way beyond . versus the people who may come to leverage this unrest for their own nefarious bowls and motives. how in the world leaders make these decisions to balance all thesecompeting interests and shut the violence down? how does that get done ? >> i don't think there's anybody better than any mccarthy to makethat statement to look at this stuff . i also understand the presidents problem and the problem is these people, the

i don't know if you heard andy mccarthy little bit earlier saying he didn't think maybe it was the rightbination of charges to effectively prosecute this case, what do you think? >> i think the charges actually to light, frankly. part of the narrative from both medical examiner and the outside autopsy and from the prosecution when they first made the charges, said that after they took the pulse of mr. floyd and determined that he had no pulse, the officer kept his knee on his neck for another 3-4 minutes. that shows both an intent to kill because clearly are not struggling with somebody who is still alive. they're giving a kill shot to ensure that individual -- to ensure that individual is dead. that's not only evidence of second-degree intent to kill, where talk about premeditation or malice afterthought, that can be formed in an instant. so the fact that these individuals kept their knee on the neck of a dead man for three to 4 minutes shows that there was malice afterthought and any first-degree murder charge could very well have been maintained in the case. also with attorney general

we're bringing on fox news contributor andy mccarthy.e will talk to us what he think the judge missed when it comes to the fbi abuses in the michael flynn case. that story is at fisher investments, we do things differently and other money managers don't understand why. because our way works great for us! but not for your clients. that's why we're a fiduciary, obligated to put clients first. so, what do you provide? cookie cutter portfolios? nope. we tailor portfolios to our client's needs. but you do sell investments that earn you high commissions, right? we don't have those. so, what's in it for you? our fees are structured so we do better when our clients do better. at fisher investments we're clearly different. and people you can rely on. i'm a dell technologies advisor. me too. me too. me too. and if you're a small business, we're with you. we are with you. we're with you. we want to help. so we'll be right here. at home. answering your calls. providing support. and standing by you every step of the way. bye bye. ♪ ♪ we've always put

what is really interesting, andy mccarthy commented earlier today, this little bit of evidence that cameut about the other officers, the bystander officers saying something to the officer about maybe we should let him up. that's devastating for shauvin. that is devastating. we didn't know that nugget. it probably makes it considerably hardest to show any intentional murder on behalf of the other officers. we could easily see man slaughter or third degree murder against these other officers rather than something as severe as second degree or first degree murder. >> dana: speculating here, but is there something below manslaughter for officers that didn't do something to pull him off of floyd? >> you could -- there may be some form of reckless endangerment statute. if you're going to show recklessness where the person died, you'd view it a as a third degree murder or a man slaughterer. so i don't think they'll have lesser charges below man slaughter as a fall back for jury compromise. we'll see. they could. >> dana: but they are -- amy klobuchar, the senator from minnesota. in her tweet sh

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andy mccarthy joins us next to discuss this important case. a plus, chaos at a city council hearing after one resident called for more funding for the police. how the meeting ended next. ♪ ♪ ♪ ♪ if you have a va loan, now's the time to call newday usa. their va streamline refi helps you take advantage of some of the lowest mortgage rates we've ever seen. one call to newday can save you $2000 a year. one call can lower your payments by this time next month without verifying your income, without getting your home appraised, and without one dollar out of pocket. it's the quickest and easiest loan newday's ever offered. one call can save you $2000 a year, every year. btk>utku&ykn]o f@!byúy@@pm(úiÑ<á+yqr- @í<@h we know you're always at univethere for them.x, that's why our advisors are always here for you. learn more at phoenix.edu. theand we want to thank times, the extraordinary people in the healthcare community, working to care for all of us. at novartis, we promise to do our part. as always, we're doing everything we can to help keep cosentyx

let's bring in andy mccarthy, former assistant u.s.thern district of new york, good morning. your thoughts on whether these subpoenas will lead to any accountability? >> no, they want. the time to do this was three or four years ago when the fbi and the justice department were stonewalling the house committees that were trying to investigate this, and they were pleading for any help they could've gotten. the senate could have really stepped up to the plate and did something good at that point, but now we have a pending serious criminal investigation which is looking into exactly the same thing, so what you're going to get is one of two things. the witnesses they want to talk to our witnesses but the prosecutor thinks are important to building whatever case he is trying to build, the justice department will object to them coming to the senate and if the witnesses that graham wants to call our people that he is thinking about prosecuting, they are going to tell the senate that they have a fifth amendment privilege and won't testify. >> e

. >> look there are laws and andy mccarthy has written too powerful columns about this as a former justice who actually prosecuted terrorists. and he said, of course we can there is a law going all the way back to 1807 that the federal government has an obligation to protect you. when that man was beaten to death in dallas, the united states government failed in its duty to protect him. and i think when you look around the country, when you see a police station burned down, when you look at the kind of things they are doing to the lincoln memorial and i frankly don't understand i don't understand why the mall wasn't protected whether you brings in the military or the d.c. national guard. this non-70s the mayor posturing and then losing total control of her city is something that we shouldn't have to put up with americans have to make a real decision here. i'm totally for the right of peaceful demonstration in a framework. when you establish a curfew and somebody breaks that curfew, they are no longer peacefully demonstrating. when somebody sets a police car on fire they are no longer peace

andy mccarthy and others say this federal law actually prohibits designating a domestic group as terroristsee? >> i do agree. the statute is the foreign terrorist act which allows the secretary of state to declare a foreign group, which has loyalty to some entity other than the united states, as a terrorist organization, and then that makes it a crime for an american to provide material assistance to that organization. but there is no ability, the president and his press secretary notwithstanding, to make that declaration and have it mean anything. the president can say whatever he wants, but there's no legal basis to make that declaration for an american group that would have profound constitutional implications even though the group about which the president speaks is known for violence and perpetrating violence even as we are discussing it. david: absolutely right. for years, though, judge, we have had former presidents and media organizations refer to domestic terrorism, call out certain groups that were just as despicable as antifa like the kkk as terrorist organizations. was it just a

didn't read every page in the warrant, and that's a pretty remarkable admission >> that was key, andy mccarthyas tweeting just that. he was pointing out in every one rather than what he knew or read and he asked the question, did he read it and this entirety? lots of feisty exchanges, obviously ted cruz with one of those moments. and, when he was asked if we knew what you knew now, the answer was no. >> ed: let's go to senator leahy, i understand he's now on the phone. the significance of what we just discussed, read the whole warrant? >> yes, that was stunning. the fact he didn't read the whole application. ultimately the fact that what was in there was incomplete. it really indicates and they walked away yesterday with more profound on commitment to make sure that we reformed the law. we have to fix this thing. >> ed: at the president has been tweeting recently that he wants bill reformed before it's renewed. it sounds to me like you are even more resolved to make sure there's reformed. response to that but we have a graphic about some of the other folks that make it subpoenas that come in a

gucci and chanel where one man was sitting in a mercedes benz that had been looted from stores, andy mccarthy is a contributor here, law enforcement is a vital response to any riot that's uprising. i believe the failure to enforce the laws without a apology from the start of this upheaval last week has fueled its ferocity, it's provocative and increasing appetite for rioting which is only stated once the sociopaths have run out of things to burn and loot, we need a coordinated response from federal and state authorities to stop this now. the fact that it's gone on night after night is appalling and quite frankly living in new york city the backdrop of all of this is a message from the leadership whether it's the governor, the mayor of new york city for literally years that crime isn't crime and criminals aren't criminals and where most all misdemeanors and even some felonies, you don't need bail, they give you appearance ticket. that's the backdrop of what's going on in new york city. maria: yeah, when you see all of this looting and -- and theft, people try to muddy the waters in terms of wh

watching markets for you liz claman, charles payne are here on that we're watching the opening bell, andy mccarthy room see you top of the hour. steve: amid the national unrest over the death of george floyd, our next guest is calling on christians to come together to be a voice for kindness, and justice in an upcoming event this sunday, called boston pray. joining us not former nfl player ben watson. he along with his watson one foundation are helping sponsor the event. ben, good morning to you. good morning. steve: so you're saying wear a mask and help take care to physically distance from others and help us spread the word and obviously with the mask, the last thing you want to do is spread the virus. >> of course, of course, we are still in the stages of reopening after a pandemic so we want to be aware of that but also in light of everything that's gone on, in light of the unrest, in light of the pain and agony, protests, the things we've seen over the last several weeks. there's a passage in jeremiah that talks about god being a god of kindness, of justice and riotousness so my thought was t

attorney for the southern district of new york, andrew mccarthy. andy, good to see you.the man who would eventually become the mayor who turned this city around, rudy giuliani. he was the u.s. attorney for the southern district. you joined him in 1986 i believe. so you saw the whole turn around of new york. we are now undoing in new york city, under mayor de blasio exactly those things that he did and he started that turned around our crime rate from 2200 murder as year down to below 300 which we have now. although it es going up again. should we be surprised undoing things that helped us is creating more crime now? >> no, david, of course we shouldn't be surprised. i had the privilege not only being hired by rudy as a young assistant but i had grown up in the bronx in the 1960s and '70s during the bad ol' days and anybody who thinks that those days can't return if we return to the policies of those days is crazy and it would really be sinful to do it under circumstances where we saw the revolution in policing that began in the 1990s and gave us an unprecedented generati

. >> reporter: from rob lowe and demi moore, ally sheedy and andrew mccarthy to andie macdowell and emilioam in 1995's "a time to kill" would witness schumacher mining cinematic gold with sandra bullock and in his first leading role, matthew mcconaughey. >> i set out to prove a black man could receive a fair trial in the south, that we are all equal in the eyes of the law. >> reporter: he also would take over the "batman" franchise from director tim burton. >> i have a riddle for you. >> for me? really? >> reporter: steering val kilmer roug"batman forever" and george clooney and chris o'donne o'donnell, all with mixed results. >> i can make it. >> reporter: yet with credit stretching back to his early 1970s days as a costume designer on "the last of sheila," schumacher would be fondly remembered for his many decades of filmmaking after the announcement monday of his death at age 80. for "good morning america," chris connelly, abc news, los angeles. >> boy, he worked with everybody. >> everybody. >> great first job though he designed windows right here in new york at bon wit teller. >> wow.