. >> grant the appeal. >> on the basis that ada. >> so our moving to grant the appeal over the department and allow the removal of two trees on. >> correct. >> on the basis. >> for pedestrian safety and ada. >> improving pedestrian safety. >> correct. >> okay. >> okay. so then on to motion to overturn the department and allow the trees to be removed. >> commissioner fung commissioner lazarus and commissioner swig that motion carries with a vote of 3 to zero. >> thank you the next - 4 to zero. >> which one of us disappeared. >> this is the next gretchen and robert and trashing versus the department of building inspection with the planning department approval the property on 21st street appealing the issuance on february 2016 and with an alteration to add a army basement and family room and second story with the dining room and kitchen and three story - roof deck and replace and install the sprinklers that was heard on april 2016 and continued for to tonight to allow times for the parties to discuss the dormers dine i believe that commissioner swig was absent that night. >> i've reviewed. >

thank you so we have a motion in the vice president to grant the appeal and overturn the appeal by the department on is condition that $10,500 be paid as an in lui fee is that acceptable commissioner lazarus commissioner honda commissioner swig that motion carries with a vote of 4 to zero thank you very much mr. >> i don't see him. >> no. >> okay. we'll move on to item 6 appeal number stephen gains versus the urban forestry the property on 95 norway do have street to, llc the tree removal moving a tree to the rear of the property and this is on for hearing tonight we'll start with the appellant >> you wish to say i have retained reuben, junius & rose on a project reuben, junius & rose representation appearing before this board will not have an effect on my decision this evening. >> you have 7 minutes to present are your case. >> overhead. >> commissioners good evening i'm steve my wife and i are the appellants on 49 next door to the project awhile i testify on my own on behalf of i have snatches for people 0 wishing to enjoy the redwood tree and where it exists the neighborhood associa

agenda and that's appealing to the democrats. we have work to do on the front. the nominee has to lead in that effort. >> as you know, myitt romney, george bush and george w bush said that they're not going to go. look at the running mate talking this year. >> think of the personal qualities. the bullying, the greed, the showing off, the absurd theatrics. his promises are as worthless as a degree from trump university. he is playing us for suckers. he gets a free ride to the white house, and we get a hat. >> do you share the views? >> look, here is what i think jake. you're going to see the takes -- it's time to go to channelling the anger and solutions. it's time to set aside the bully asking to set aside be littlement and appeal to what is good in us and lead a country and party to having a vase th majority of americans for picking a path. that's why i feel strong with the opportunity that we have in front of us but for this to work, our nominee i believe needs to unify the party for the party to be unified. >> do you think tha

but you mean it couldn't have been appealed here but appealed by the periphery. >> no the appeal to theoard of supervisors was needed to be taken within thirty days. >> on the conditional use itself. >> this is unfortunate this is the chart often large projects that are changed posting hearing and a provision that does allow us to administratively provide those changes that's the determination in this case. >> thank you. >> thank you you we'll public comment can we can see a show of hands of how many people wish to speak excellent e excellent please step forward. >> thank you director goldstein and honorable commissioners i'm here to read into the record and read a statement to be prepared for this hearing regarding the appeal number i was vice president christine an into custody we approved the director huey conditional use for a hostile we were required to approve the 1095 market street office space it required the conditional use for hospital tills and hotels we had of the grant building didn't require conditional use approval the presentation to the police station back in october of

>> taking judge jackson outline i out of that and saying the associated appeal returns. >> that's fine that's fine. >> on that motion from commissioner lazarus to continue this to the call of the chair until the related appeal returns to the board commissioner fung commissioner honda and commissioner swig okay 0 so that will be moved to the call of the chair with a vote of 4 to zero item number 11 gore, llc verse the deserve the property on 660 third street street on 2015 of a notice of violation and penalty alleging planning code that the first and second story the subject property not authorized for office use and we'll start with the appellant. >> again, i apologize i need to make a reuben, junius & rose disclosure wish to disclose i've hired reuben, junius & rose of counsel on a project reuben, junius & rose of the entity appearing before the board will not have an effect on any decision tonight. >> you've done that before. >> a couple i think the whole firm is here tonight. >> is there not a reuben, junius & rose case. >> that's a good thing good evening commissioner fung i'm jim

please, no personal appeals. this is a public event. >> we have met with you and your staff several times. do you remember me? >> yes, sir, i can't remember when we met. >> you are responsible for my denial. i'm a veteran of world war ii. there was a decision of the court of appeals for veterans laims. it is dated march 30 1, 2014. we are now in 2016 and you have not rendered any decision on my appeal. what is your decision now? way back in 19 6, i'm a veteran. -- back in 1996, i'm a veteran. health care access gone. >> this is a public event for policy purpose, not a private appeal. and i'd ask you to -- the secretary has told you how you can reach him. please do it that way. please take the microphone from him. i can't have you interrupt this meeting anymore. i'm sorry. i can't have you interrupt the meeting any longer, sir. >> there are people who served in the military in the philippine military during world war ii. we rely on the philippine government to certify that those people served in the philippine mil

he is appealing to them based on economics, based on their lives as american citizens. that's what's important here. this is going to become crucial. if you noticed in her video, mrs. clinton, again, deliberately misrepresented him as talking about mexicans when he was talking about illegal immigration. there is a difference. hispanics who live legally in this country are just as affected by illegal immigration. >> isn't there direct reference when he was -- >> yeah, he was talking about illegal immigration. that's the whole point. point of fact, if you go and look at the statistics from the border patrol, what he was talking about is, in fact, a problem. so there's no question about that. but it is perpetially done with malice. >> rebecca, is that what is going on here? is donald trump offering some clart in his video or his recent dialogue as he's trying to appeal to hispanics? >> well, maybe in the sense that donald trump could provide clarity. you know, he does things in his own way. he certainly is trying in his way to soften his language when it comes to hispanic

courage is one basis of his appeal. but there is another part, too.a southerner who was universal support and appeal that is not clearly obvious at first glance. he communicates. he talks in a language that people can understand and few politicians can match his uncanny ability to grasp the real issues and concerns of the american people in any area. he is truly a man of the people. it is because of these talents that he caught political observers off-balance in 1964 when he captured more than a quarter million votes in the wisconsin primary. then, 30% of the democratic reverential primary vote in indiana. 43% of the primary vote in maryland. but if he is underestimated by some, it's not because he sidesteps any issues. he gets right down to the case. >> last year devoted on the matter of -- year you voted on the matter of home ownership. but you voted wrong according to the pseudo-intellectuals on the court. they recommend the law on the congressional level that would put you in jail if you do not want to sell or lease your property to someone. that

that was on direct appeal. the georgia court found it was work product and didn't have to be turned open. when we got to state habeas proceedings they found an open records request and they were immediately turned over. don't the there was any argument at that point. >> what do we do with the failure to ask miss garrett any questions about the issues that troubled the -- for example, he cousin's arrest. there's an assumption that she has a relationship with this cousin. i have cousins who i know have been arrested but have no idea where they're in jail. don't know them. so, he didn't ask any questions. doesn't that show pretext? i'm not going to inquire because she might get off the hook on that. >> well, i think a number of times -- ill know this court's precedent on not asking questions, particularly in voyeur voir dire but as to a number of issues, when you're in voir dire and asking questions you don't necessarily care what the answer is because with regard to mr. hood, if he had said, yes, have a son that'

agenda that can be appealing to independents and diseffected democrats. we have work to do on this front. the nominee has to lead in that effort. >> as you know, mitt romney, john mccain, george w. bush, george h.w. bush, all republican presidential nominees haven't -- have said they are not going to the convention. watch this clip of your running mate mitt romney talking donald trump earlier this year. >> think of donald trump's personal qualities. the bullying, the greed, the showing off. the misogyny, the absurd third grade theatrics. donald trump is a phony, a fraud. his promises are as worthless as a degree from trump university. he is playing the members of the american public for successors. he gets a ride to the white house and we get a lousy hat. >> do you share that view that trump is a phony and fraud? >> i think you'll see tapes like that run all fall. the question is can our presumptive nominee turn things around, unify and have a different way to go forward. the way i look at it time to go from tapping into anger to channelling anger to solu

that was on direct appeal. the georgia court found it was work product and didn't have to be turned open. when we got to state habeas proceedings they found an open records request and they were immediately turned over. don't the there was any argument at that point. >> what do we do with the failure to ask miss garrett any questions about the issues that troubled the -- for example, he cousin's arrest. there's an assumption that she has a relationship with this cousin. i have cousins who i know have been arrested but have no idea where they're in jail. don't know them. so, he didn't ask any questions. doesn't that show pretext? i'm not going to inquire because she might get off the hook on that. >> well, i think a number of times -- ill know this court's precedent on not asking questions, particularly in voyeur voir dire but as to a number of issues, when you're in voir dire and asking questions you don't necessarily care what the answer is because with regard to mr. hood, if he had said, yes, have a son that'

. >> me, too. >> motion. >> move to deny the appeal and uphold the planning commission on the decision that never erred and adopt environmental vengd. >> can you please put overseeing on the overhead the draft environmental finding for this matter are those the ones your proposing. >> yes. >> thank you. >> so there's a motion by the commissioner lazarus to deny the appeal and uphold the motion on the basis the commission in error. >> on that motion commissioner fung commissioner honda commissioner swig that item passes with a voted of 4 to zero commissioner honda there's no further business before the boardgo. >> shop and dine the 49 promotes local businesses and changes san franciscans to do their shopping and dooipg within the 49 square miles by supporting local services within the neighborhood we help san francisco remain unique, successful and vibrant so where will you shop and dine the 49 hi in my mind a ms. medina

the appeal decision of the us second circuit court of appeals.ow the appeals court upheld the decision of the nfl for four game suspension and overturn the decision of that judge in new york. so now this goes on and during the appeal tom brady is at training camp. even with the suspension he was perm to do participate in camp and pre-season games. it's likely the decision will come down in -- just to hear the case in 46 weeks. well before the season starts. now, in 27,000 appeals to this court of an appeal, only eight cases were heard from 2000 sand to 2010. it turned down, you know, turned down he can appeal to the supreme court. now, with all the problems we have in this country, aren't we waiting too much tax dollars on things like this? one other note n a recent national survey of fans, tom brady has been voted the most hated player in the nfl. surprising. more coming up in sports. lucy? >> all right, we'll talk to you then, how war. philadelphia proposed soda tax has the backing of some local physicians. a group of doctors gathered today in

>> good evening welcome to the wednesday, april 27, 2016, meeting of the san francisco board of appeals the presiding officer this evening commissioner honda he's joined by commissioner ann lazarus. >> commissioner wilson commissioner fung will be here momentumly and commissioner swig will be absent to my left is tom a city attorney and provide legal advice at the controls it did legal assistant gary and i'm cynthia goldstein the board's executive director. we have also joined by representatives from the we're joined by representatives from the city departments that have cases before this board. sitting at the table in the front is scott sanchez the zoning administrator and also here representing the planning department and planning commission and we should be joined by senior builder inspector the please be advised the ringing of and use of cell phones and other electronic devices are prohibited. out in the hallway. permit holders and others have up to 7 minutes to present their case and 3 minutes for rebuttal. people affiliated with these parties must conclude their comments within 7

>> >> i'd like to move joseph michael on the assessment board of appeals thank you without objection and congratulations. >> item 4. >> item 4 is the hearing to consider poind two members for the pedestrian safety advisory committee two seats and two applicants our two applicants are howard and one howard is here correct me if i am wrong if you come come forward and make a presentation. >> good morning, supervisors. i'm howard and i'm pleased to come before you i don't know how many times i was on the original pedestrian safety task committee and actually before that we formed an ad hoc pedestrian safety task force and went to the supervisors and wrote an ordinance creating and i'm proud of the one part that says everyone is a pedestrian to be part of their commute for any trip i think that kind of sets the stage on the other side i'm disappointed that even though we have gone wholeheartedly into vision zero the numbers don't show is it leaves us a lot of work to do in the committee i hope we can do more and reach out out to make it clear to you supervisors and the mta and the public

agenda that can be appealing to independents and diseffected democrats. we have work to do on this front. the nominee has to lead in that effort. >> as you know, mitt romney, john mccain, george w. bush, george h.w. bush, all republican presidential nominees haven't going to the convention. watch this clip of your running mate mitt romney talking donald trump earlier this year. >> think of donald trump's personal qualities. the bullying, the greed, the showing off. the misogyny, the absurd third grade theatrics. donald trump is a phony, a fraud. his promises are as worthless as a degree from trump university. he is playing the members of the american public for successors. he gets a ride to the white house and we get a hat. >> do you share that view that trump is a phony and fraud? >> i think you'll see tapes like that run all fall. the question is can our presumptive nominee turn things around, unify and have a different way to go forward. the way i look at it time to go from tapping into anger to solutions. time to set aside bullying and belittlement, a

believe in and running a campaign that the republicans can be proud about, and that can actually appeal to the majority of americans. that's what takes it unify the party. >> so you're saying that you can't support or endorse him right now? >> zbraerks i am basically saying that. i thought about this two days ago. i thought actually this was going to go to june 7th and to i convention. this is new for this. at this point, i think that he needs to do more to unify the

thank you so we have a motion in the vice president to grant the appeal and overturn the appeal by the department on is condition that $10,500 be paid as an in lui fee is that acceptable commissioner lazarus commissioner honda commissioner swig that motion carries with a vote of 4 to zero thank you very much mr. >> i don't see him. >> no. >> okay. we'll move on to item 6 appeal number stephen gains versus the urban forestry the property on 95 norway do have street to, llc the tree removal moving a tree to the rear of the property and this is on for hearing tonight we'll start with the appellant >> you wish to say i have retained reuben, junius & rose on a project reuben, junius & rose representation appearing before this board will not have an effect on my decision this evening. >> you have 7 minutes to present are your case. >> overhead. >> commissioners good evening i'm steve my wife and i are the appellants on 49 next door to the project awhile i testify on my own on behalf of i have snatches for people 0 wishing to enjoy the redwood tree and where it exists the neighborhood associa

which are normally direct appeals or personal appeals and they are discretionary . >> i suppose that a court could have discretionary review but could provide by rule that in the exercise of our discretion we will grant any of these unless it's paid wrong. maybe that's what happened here . and if you use your discretion to enact a rule which says you will take cases of a certain court, does the taking of those cases still remain discretionary? it's a nice question, isn't it? >> i think the taking of the case does remain discretionary if they find it has arguable merit or it is discretionary in the two cases pacifically reston reference. >> you just decided you will uniformly exercise your discretion in a certain way . maybe i'm misunderstanding what you're saying, you're saying there is no such uniform determination, that they will exercise their discretion in a certain way, they are insisting upon their discretion being discretionary, is that correct? >> that is my understanding because this law applies to not just obviously testimony cases but the turpitude of non- cases. >> i'm so

please, no personal appeals. a public event. >> we have met with you and your staff several times. do you remember me? >> yes, sir, i can't remember when we met. >> you are responsible for my denial. i'm a veteran of world war ii. there was a decision of the court of appeals for veterans claims. 2014.dated march 30 1, we are now in 2016 and you have not rendered any decision on my appeal. what is your decision now? i am a veteran. care -- health >> this is a public event for policy purpose, not a private appeal. the secretary has told you how you can reach him. i cannot have you interrupted this meeting anymore. i'm sorry. i cannot have you interrupt the meeting any longer, or. -- sir. secretary mcdonald: there are people who served in the military in world war ii -- we rely on the philippine government to certify those people served in the philippine military in conjunction with the united states. >> i'm looking for policy questions, not personal appeals. >> thank you for being here, mr. secretary. my name is je

>> >> i'd like to move joseph michael on the assessment board of appeals thank you without objection and congratulations. >> item 4. >> item 4 is the hearing to consider poind two members for the pedestrian safety advisory committee two seats and two applicants our two applicants are howard and one howard is here correct me if i am wrong if you come come forward and make a presentation. >> good morning, supervisors. i'm howard and i'm pleased to come before you i don't know how many times i was on the original pedestrian safety task committee and actually before that we formed an ad hoc pedestrian safety task force and went to the supervisors and wrote an ordinance creating and i'm proud of the one part that says everyone is a pedestrian to be part of their commute for any trip i think that kind of sets the stage on the other side i'm disappointed that even though we have gone wholeheartedly into vision zero the numbers don't show is it leaves us a lot of work to do in the committee i hope we can do more and reach out out to make it clear to you supervisors and the mta and the public

with working organizations and already demonstrated over appeal -- voter appeal in states such as wisconsinohio, pennsylvania, indiana, and maryland, the number of electoral votes needed to elect george c. wallace president in 1968 was clearly within reach. some so-called experts still remain to be convinced but one , lesson learned by the wallace campaigners in california was that they shouldn't mind being underestimated, not when you consider the results. george wallace is in touch with the people. he knows the depth and sincerity of their convictions, that there must be a change in our national government's foreign and domestic policies. george wallace doesn't take time trying to convince the experts. he is too busy talking with the people. he is running, and a new national movement by the people goes with him. step by step growing stronger , every day. mr. wallace: we are naturally most happy with the results of our california campaign, and with the developments in other parts of the country also. the great groundswell of individual citizen interest that we tapped in 1964 in our campaig

this is the regular meeting of the abatement appeals board. m everyone to please turn off all electronic devices. the first item on the agenda is rollcall. >>[call of the roll] >> clerk: we have a quorum the next item is item lette b could the oath. please raise your right hand. thank you. you may be seated. next item, item b [reading code]. i believe the department representatives will go first at the department and the appellant each other 7 min. to present their case and 3 min. of rebuttal time. >> staff: joe dr. dbi. just complaint number 201478091, the complaint was received by dbi from the fire department for a fire building. that was on 9 june 2014. the were violation issues. the second notice of violation on july 9, 2014 and since that time it's gone through code enforcement. obviously after the second notice it went through the usual process. they ccontinuance is and-whether whenever the hearing would have allowed. it ended up in a on 4 may 2016, 80-sorry, the order of business was issued on the 12th of november 2014. so, were now doi

is filing a petition to appeal the ruling by the us second circuit court of appeals on his four-gameon in deflate-gate. when will this stop? a decision to hear his appeal on the appeal decision of the court should be in about four to six weeks. that's just to hear it. the good news, if you are tired as i am with the 491 is the day of this story is that this court has heard -- has row heard only eight of the 27,000 petitions filed to hear an appeal from 2000 sand to 2010. when will tom brady just give it up? please stop, tom, and pay the penalty for cheating. >>> all right. eagles back at mini camp today and they had a guest at the practice facility. it was the head basketball coach of the national champion villanova wildcats. jay wright spoke to the eagles team. not sure if the message is how to get the winning score with four seconds left in the game. but he gave the team his input on winning. he has also a texting relationship with the head coach doug pederson. >> i think he's going to be very very successful. i think he has a great feel for the personnel, the organization, and wit

there is still a real danger of duplicative appeals, because you could have an appeal on the jurisdictionaluestion. the court says the court's jurisdictional determination was not arbitrary and capricious. now you go through the permitting process. and there's a separate suit about whether the terms and conditions were too -- justice sotomayor: well, i -- mr. stewart: if i may, i'd like to reserve the balance of my time. justice sotomayor: yes. go ahead. justice roberts: thank you, counsel. mr. hopper. mr. hopper: thank you, mr. chief justice, and may it please the court, we read the moa to be binding in every way. we have found not a single word -- justice sotomayor: that doesn't help you for very long, because he just said they'll change it. so is that the argument that you want to rely on? mr. hopper: i'm sorry? justice sotomayor: he just said before that if we rule that way, they could change it. they'll just eliminate the moa. mr. hopper: well, it's existing today. and in addition to the moa, the fact that this is a site-specific adjudication suggests that this isn't binding that this

circuit court of appeals the last day for the san mateo native to appeal say he must serve a four game suspense for the use of underingrated footballs. he is on the new england patriot in a championship game and the lawyers have asked for the entire circuit court of appeals to rehear the case and toss out his suspension. the n.b.a. is expected to review a delay grant foul committed by warriors forward draymond green to decide in further discipline is necessary. green kicked thunder center adams in the ground -- groin area last night. the n.b.a. has the option of deciding to suspend him or fine him. the dubs all stars say the kick was accident am. >> no one can go in my head and say draymond is thinking about kicking him. he kicked him. if you watch my reaction i walked back, and turned around and it looked like he was on the board, people are judging what they want to judge but hike i said, i know i didn't do it on purpose. all the thunder crushed the warriors 133-105 taking the series lead. game four is tomorrow at 6:00 p.m., and this shifts back to oracle arena on 5 for thursday nigh

that's been a big part of his appeal that he's worth so much money. now that the primaries are over and it's time for him to run for president in the general election, if he doesn't release his taxes we'll never actually know how much he's worth. so congratulations republican primary voters, you guys really did pick this man to be your party's leader and your candidate for president in bigger numbers than you have ever picked anyone before in u.s. history. but now that he's got that title, whether it's the muslim ban or the self funding thing or his proof that he's a super rich guy, whatever it was that you liked about him may now be subject to change. we'll be right back. >>> you know what my net was, $47,000 total after 14 years of government service and a 1958 old mobile that needed an overhaul. what is that? it's you! it's me? alright emma, i know it's not your favorite but it's time for your medicine, okay? you ready? one, two, three. [ both ] ♪ emma, emma bo-bemma ♪ banana-fana-fo-femma ♪ fee-fi-fo-femma ♪ em-ma very good sweety, how do you feel

but what makes it appealing? the convictions and the high stakes.rarely get to see the other side of george wallace. george wallace: the man. my wifeace: when i met right after she finished high school, right around when she was 16 years of age. she was very pretty for one thing, and of course, i didn't realize how young she was. she was very pretty then as she is now. she was very pretty and there was a twist and a sparkle about her. like the man who meets his wife for the first time. there is just something about her. running for the legislature, she was too young to vote for me. wanting to when i was elected in 1946. you are in a position to do things that you thought ought to have been done and should be done for the people of your state. i also like to go down to the county seat in barber county, , and also toton the little town that i was born and raised in and finished high school in. i see friends and reminisce. to theo occasionally go county courthouse, in clayton, alabama, and sit around, as is the custom in the rural south. and ited this

but what makes it appealing are the convictions and the high stakes.o see the other side of george wallace. george wallace the man. >> when i met my wife right after she'd finished high school when she was only 16 years of age, well, she was very pretty for one thing. and of course i didn't realize how young she was, then as i do now, after i've acquired the age that i am. but she was very pretty and just some little twist, a spark about her that you know, it's hard to explain. it's just like any man who meets his wife for the first time. there's something about her. she helped me to get my start in political life, politic for me when i was running for the legislature and she was too young to vote for me. she didn't even get to vote for me when i was elected to the legislature in 1946. well, of course in public service that is holding legislative office and the executive office of the state of alabama that i held for four years, you are in a position to do things that you thought ought to have been done or should be done for the people of your state. b

this is the regular meeting of the abatement appeals board. m everyone to please turn off all electronic devices. the first item on the agenda is rollcall. >>[call of the roll] >> clerk: we have a quorum the next item is item lette b could the oath. please raise your right hand. thank you. you may be seated. next item, item b [reading code]. i believe the department representatives will go first at the department and the appellant each other 7 min. to present their case and 3 min. of rebuttal time. >> staff: joe dr. dbi. just complaint number 201478091, the complaint was received by dbi from the fire department for a fire building. that was on 9 june 2014. the were violation issues. the second notice of violation on july 9, 2014 and since that time it's gone through code enforcement. obviously after the second notice it went through the usual process. they ccontinuance is and-whether whenever the hearing would have allowed. it ended up in a on 4 may 2016, 80-sorry, the order of business was issued on the 12th of november 2014. so, were now doi

quick child sex abuser jerry sandusky is back in court, to argue that he deserves an appeal. we are live. >>> new details about a deadly crash in east falls that claimed the life of a young child, another person has died and officials are looking at a possible cause. >>> what happened to a florida mother who took her sick daughter to the hospital days ago? it has not been seen ever since. >>> now the details. former penn state assistant football coach jerry sandusky was back in court this morning asking for a second chance. he arrived the at the courthouse in center county wearing his orange prison jump suit, sandusky's attorney and wife arrived a short time later. "action news" reporter chad pradelli is live in bellefonte with more details on what happened in court. chad? >> reporter: well, rick, this hearing only lasted about an hour. this was a essentially an hearing to get a full hearing, for an appeal, for a new trial. no witnesses were called but judge john cleland did hear arguments from defense attorneys and prosecutors but it is unclear when he will decide on whether

both say no apologies and they will appeal their suspension. so usually baseball fights with a lot of words and pushing and shoving. we had this. >> serious. >> much like after the newscast. >> without me in the middle. >> of course. >> thanks, mark. >>> and our coverage continues right now continues right with keba. >> we will tell you about a shooting in a public place. christina will join us and voters went to the polls in two primaries. and a look at the megyn kelly and donald trump interview. ktvu plus. ♪ i ♪ shining through rs ♪ i see your true colors ♪ and that's why i love you ♪ so don't be afraid ♪ to let them show ♪ your true colors ♪ true colors ♪ true colors ♪ are beautiful okawhoa!ady? [ explosion ] nothing should get in the way of the things you love. ♪ get america's fastest internet. only from xfinity. i like your suit. oh, thanks. got a couple new outfits for work. how does it feel knowing your fiancée's job is to go out and flirt with doctors, looking like that, while you sit here, you know... looking like this? she doesn't fli

he prevailed in that appeals court.appeals court said that it had to abide by the federal government's interpretation of title vii and said discriminating against transgender people is sex discrimination. so we may hear from the governor separately, but basically the governor is now saying see you in court. >> and the governor had until 5:00 p.m. eastern time to respond to the justice department. we did hear from the governor yesterday, pete. he was on with fox news. let's play a little of what he said regarding what he has referred to as common sense measure put in place and his description of why it doesn't apply the same way as it does with race. let's listen. >> they're trying to define gender identity, and there is no identification or definition of gender identity. it's the federal government bowing being a bully. we can definitely define the race of people. it's very difficult to define transgender or gender identity. >> when you look at this filing, pete, and just from the description that the governor gave of g

it's time to set aside bullying and belittlement and appeal to higher aspirations, appeal to what is good in us and lead a country and party to having a vast majority of americans enthusiastic about choosing a path. that's why i feel so strongly of the choice that we have in front of us, but for this to work our presumptive nominee, i believe, needs to unify the party for the party to be unified. and i want to help him do that. >> do you think that's possible? >> we're not there right now. yeah. i think it's possible. but we're not there right now. i think we can beat hillary clinton. are you kidding she me? so it needs to be possible because so much is at stake. >> you don't think the damage has been done. you don't think that so much damage has been done that it's almost as if it's a lost cause, because it seems to me from hearing from people like mitt romney and ted cruz the other day call donald trump a pathological liar on the eve of him winning it all. donald trump was attacks his father and suggesting that rafael cruz might have played a role in the kennedy assassination. it d

next up the board of appeals ms. goldstein is here. >> if any other department heads have handout distribute them in the that would be great. >> okay. you should have my handout i hope. >> chair farrell and members i'm cynthia goldstein the board's executive director. of the board of appeals united states of america the board is the city's final arbiter of disputes issued by a wide range of other departments we are our mission so to create an impartial forum those disputes maybe resolved i'm trying to get it up give me a second. >> what i'd like to take a quick minute to update you on the both sides experience and give you the budget proposal for the next two years on page 3 of the handout the volume over the past 10 years our projection we will come up 29 percent higher than the average our increase in appeals a 3 clusters of appeals not receiving poisons in group but 35 by the promotion you might be unanimous a familiar with that protesting the signs and we have appraisals for the tree removal and park merced and n

who is she appealing to? who is she trying to appeal to? is this the right time to pivot while she still has an opponent? >> i think it is the right time to pivot. i think she wants to make it about general election issues, draw the lines in the sand about what she's about and what donald trump is about. she can't forget bernie sanders, though, we know that. we have west virginia coming up. she certainly needs to prepare for california. as we said before, she's well on her way to winning this nomination. i think it's the right time to talk about these issues and how strong of an opponent she thinks donald trump will be. she's making clear appeal to his voters, white men. that's a demographic she doesn't do well with. she doesn't need to worry about the african-american vote, latino vote. i think women will break for hillary clinton. i think it's it is blue-collar vote she needs to target. >> do you agree with that, she needs to work harder for that vote or focusing on the female vote? >> i think she does need to focus on the female vote. i

to say they're wrong. >> exactly that is why we did not appeal. but it was sufficient. >> did anything else happened prior to your parents year to date? >> you may say because of the change? >> our administration came into power the case is pending and summary judgment we defendants admitted at trial and the district court ruled we had to reevaluate if we could win or could not and in addition our own experts were report said there was a 55% change referred to the threshold that well -- as well. >> which 518 of their joint appendix you will see the report or she you refer said 55 percent floor and served as a consultant to the republicans in the house of delegates. >> was one of your experts that said every person involved was white to the result would be the same? >> john mcdonald was the plaintiffs' expert said they can they be explained based on politics? he said they could be with the exception of those that showed in the joint appendix that there were five voting districts from the benchmark that had above the performance. >> that supports hi

i believe 1914.52 states that habeas is taken out of other appeals which are normally directly appealsisoner appeals and they are discretionary. >> okay. >> i suppose that a court could have a discretionary view, but would provide by rule that in the exercise of our discretion we will grant any of these unless it's patently wrong. maybe that's what happened here. if you use your discretion to enact a rule that says you will take cases of a certain court, does the taking of those cases still remain discretionary? it's a nice question, isn't it? >> i think the taking of the case does remain discretionary if they find it has arguable merit, it is discretionary. the two cases i cited specifically reference -- >> you just decided that you will uniformly exercise your discretion in a certain way. >> correct. >> maybe i'm misunderstanding what you're saying. you're saying there is no such uniform determination that they will exercise their discretion in a certain way, they're insistent upon their discretion being discretionary, is that correct? >> that is my understanding. this law applies no