husk of this and "the communicators" we are pleased to have with us ari schwartz the former direct or for cybersecurity and the national security council. mr. schwartz well-wisher job at the white house? >> guest: my job was to cover a range of different areas. the federal government agencies and making sure they were prepared in cybersecurity protecting privacy while doing cybersecurity and promoting information sharing. >> host: how has the focus changed over the last couple of years when it comes to cybersecurity and protecting against a cyberattack? >> guest: well especially after a lot of the incidents we have seen for example the sony incident and the incidents in the federal government there has been a lot of focus on making sure we have areas protected and parts of the economy protected that aren't necessarily in that critical infrastructure, aren't necessarily a major federal agency. a lot more broad coverage across a wide range of different entities. everyone is at risk of cyber attacks and how do you go about making sure you have the resources that the institutions need tha

i'd be interested to know what ari thinks. >> ari, i'll put that to you? >> can you hear me? >> yeah. >> breaking news room. what you might see and we haven't gotten there but adam is absolutely correct. legally, supposed to set up a sequence of trials. so if the prosecution wants to retry this, and you would expect in a hung jury that they would, then in that case you might see a request to try to change the schedule. in other words, this was a complex case of multiple defendants, regarding the same underlying incident. we are not there yet. it is unfolding and i think in baltimore and the country people watching closely as we learn more and one thing to happen is the prosecution could say, okay, that is hung jury. that doesn't mean we lost. we didn't carry the burden. we want to restart with the new jury. we want to start from scratch and we want to delay the other trials and one of the things that they could request. again, the goodson trial, the second officer on more serious charges, up for second-degree murder, was january 6, so you would as adam reporting from baltimor

. >> host: ari schwartz, what's the purpose of a cyber attack? >> guest: so there's a range of different reasons for cyber attacks. we usually in national security council reserve the word "attack" for something that is really damaging, something where hinges are breaking, where computer systems go down, where computers are broken and cannot be used again. so you'll hear me refer more to incidents in this case. because when information is taken, it obviously causes a lot of harm, but we're not talking necessarily an attack. it could be a crime, it could be espionage. we want to make sure we keep the language of when we're talking about things like when the electric grid goes down or computers break and systems go down and we can't use them. to be able to separate out that language. you have these different purposes, depending, you know, espionage or industrial espionage in some cases or could just be crime, right? or it could be many some cases people just want to make a point, and they use the means, the internet as a means to make their point,

ari might want to play.s never played before. >> something to do with my vest, i assume. >> would you rather, no vest or no vest. no, that is not the question. let's make grasso spit out his water. which chart do you like better, ari. >> that is google hands down. we think it continues to lead the market. the best performing sector in january. google is breaking out. we think it leads higher. apple, on the other hand, that has been broken for a few months now. if you get a pop in apple, you could play the short side. >> on the fundamental side? >> is that crushed velvet? >> it is interesting, because i know you were looking -- i know guy was looking at chess king for the same vest, weren't you. but suede, baby. >> is that burlap? >> i think it is inaugalhyde. >> it is a lot of people wishing on a star. >> what does that mean. >> another day, another record for the force awakens. but disney shares have fallen since the release and you won't believe how low one trader sees the stock going in the next few weeks

ari melber, thank you for that, sir. let's turn to 2016 politics now. >>> donald trump dominating the polls but under attack on a number of fronts on this friday. the "washington post" reporting that republican leaders talked about a brokered convention during a recent dinner that could mean a nomination fight at that convention in cleveland next summer if trump is still leading then. the latest polls have trump on top and by a wide margin in places like iowa and new hampshire. we will get to that in just a moment. meanwhile, one of trump's businesses is also under attack today. this time by the online collective anonymous, the hacker group has taken down the website of the trump tower where trump makes many presidential announcements just a few blocks from here on fifth avenue. all of this coming as trump continues to face a great deal of backlash for those comments he made about banning muslims. here's trump's -- here he is last night receiving the endorsement of a police union in new hampshire. >> people have to be vi

>> ari, as you well know. there's a state represent tif there, le shawn ford, filed for a recall election there. we have seen this happen a number of times through this country where mayors and governors have been recalled. for the mayor to be recalled, how would that work? does this have a chance? >> that's breaksing news, craig. i got ahold of a copy of that, as i was just writing up there is this proposal to recall rahm emanuel, i had to adjust the story to add the fact that another democratic representative came on board. that's how fast this is moves. that is unthinkable previously. we're talking about democratic members of the legislature trying to undoing that pour stenchally their own big city mayor. chicago is a democratic machine from daly on back. the proposal you're asking about is basically two democrats who happen to be african-american in the state legislature proposing basically a cutoff whereby if there were 15% of signatures this could go to try to create a recall. it would take a big change

thanks to ari as well.ce officer daniel holtzclaw was convicted on 18 counts of sexual assault, including four counts of first-degree rape. 13 women, including a 17-year-old who accused him of attacking her while she was on duty, all of the victims are african americans. charles hadlock has been following that trial closely. charles, tell me what we expect when the sentencing happens, and that's coming up in a while. >> yeah, kate, it will come up on january 21st of next year. just over a month from now. he's facing up to 260 years in prison. now, the victims and their advocates are worried that the judge will somehow make them serve that concurrently. they want to make sure it's served consecutively so that basically he'll spend the rest of his life in prison. let me back up and set the stage for the story. this is a police officer on the force for three years. his beat was the night-time beat on the northeast side of oklahoma city. and prosecutors say he used his beat, and his patrol car, to prowl the str

ari, let me start with you. i want to bring your viewers and listeners up to speed on what the grand jury in this case decided. in this case, decided not to do. >> that's right. two big headlines, craig. number one, no charges, no indictments whatsoever for these two officers in the shooting -- >> going to have to cut you off upon here's the mayor of cleveland. let's take a listen. >> everybody ready? well, as you already know, the grand jury game back with no indictment in terms of the police officers involved in the tamir rice shooting. you know, this has been a long, troubling, trying year, for not just the city of cleveland, but particularly for the rice family. and i know that they have been pushing for some closure in regards to the criminal side of this. but with this closure, know that the deep pain they must feel, even with closure. so i want to say to the family, the mother in particular, that we're sorry for their loss. and we know that it has been a long process, but we do not intend to add to whatev

that was as credible and emotionally wrenching a witness statement as i have ever heard. >> ari melber, there could indeed be civil cases that come out of this. >> there could be civil cases. just to echo what you both were saying, listening to that, he picked the wrong lady to stop that night. what a powerful and moving statement from someone who went through what we just heard and we are bearing witness to it and reporting on it. she says he pulled her over for no reason, that he threatened her, that he forced her to perform oral sex on him and that she feared for her life, that she thought in that terrible incident which she says has given her emotional stress, led her to therapy, she later had a stroke, she says this terrible period, she says she was afraid he was going to murder her as well. just heartbreaking and hard to listen to. she's also standing up and saying he picked the wrong person, the wrong woman, as we said. so just remarkable. i will say two legal points. number one, there has been a movement to make sure that there is a place in court for victims' statements, above

>> ari melber, thank you very much.i'm going to take you now to the border where the number of unaccompanied minors has doubled in the last two months, compared to last year. the children are coming once again mostly from honduras, el salvador. mark potter recently traveled to the border. you are reporting on this like few others do and can. numbers doubling in the last months? >> absolutely. there's a sizable increase. they're coming in day and night. the border patrol is dealing with this all the time. these are people from guatemala, el salvador and honduras. the numbers are impressive. more than 10,000 unaccompanied kids in the last two months and the numbers for families are even higher, more than 12,000 family members crossing the border. that's nearly triple the same amount this time last year. so they're climbing up the u.s. customs commissioner, he said this may very well be the new normal. he's concerned about this. he had homeland security people, not saying this was a crisis. they're saying this is not a bor

. >> ari, as we know, there have been a number of agreements reached between cosby and some of these women over the years. what might some of those agreements -- some of those nondisclosure agreements, what might that mean for the prosecution? >> well, for the prosecution, within the trial, they have to try to summon more than simply the accusations or testimony of the victim which bill cosby disputes. they're going to have to add to that. and they can do that with other witnesses who are deemed relevant with physical evidence if they have any. that sis unlikely. when i interviewed the previous da, he said that he investigated. he said he wanted to charge bill cosby and indeed he told me he thought bill cosby did it but he didn't have the evidence. what is new now today as we digest this breaking news? well, craig, these prosecutors say among the evidence they want to use are the new disclosure that's came out from, guess what? one of those civil suits you just referenced where bill cosby did apparently tell an interviewer there in a civil context that he did obtain pills for use whi

ari melber, legally, is there any reason according to these protocols that they usually take charge, rahm emanuel would have had to wait a year to even look at the video himself or find out whether or not the police were being responsive to the family and to finding the facts? >> no. there's no legal reason that he couldn't review internal materials. civilian oversight of the police would sometimes involve that. that would mean talking to your police chief and officers as well as looking at evidence. the mayor has to actively run the city, of course, regardless of open criminal inquiries. indeed, there are always be some open inquiries. what you got there, i think you put your finger on an important part of his argument. he was just telling everyone look, he only saw the video last week because he felt as a manager, he didn't want to delve into open inquiries. that was his argument. that's not legally supported. it's not an argument i think that's going to be met very sympathetically in chicago. other highlights from this press conference, look, late last week going into thanksgiving

ari melber will join me in a short few to talk about this. and the details that have come in regarding the decision not to adopt some changes there. >>> and we're also following breaking news here in new york. in the next hour, the fbi and u.s. attorneys office are set to hold a news conference on the arrest of notorious pharmaceutical ceo martin skrelli, called the most-hated man in america after his company raised the price of a life-saving drug by 5,000% overnight. law enforcement sources say the 32-year-old was taken into custody this morning in his new york city home on federal securities fraud charges, unrelated to that drug that he purchased. now, the charges stem from an investigation into a hedge fund and pharmaceutical company he previously ran. let's get more from jonathan dienst, chef investigative report, our nbc station in new york. and as mentioned, jonathan, this guy was called the most hated person. you're not going to have a lot of people feeling sorry for him, but what's behind these charges? >> he was called this because h

ari fleisher was hired as part of his pr team. he told the post that there is no truth to it. tony dungy is also defending the quarterback. >> i just don't believe it. it is not consistent with the peyton manning that i know. he has too much respect for his legacy, for the game, for what it means. i think he would do everything in his power to get well, but i do not believe he would go outside of the rules. >> an on twitter former colts linebacker gary bracket writes, i could go on record and say i've never seen a player work as hard as peyton manning, and there is no way that he would cheat the game. the league is not commenting on the documen documentariy, but they say they'll investigate claims against the athletes named in the documentary. >> al jazeera investigates dope. >>> when we come back, donald trump taking verbal shots at former president bill clinic. how he has seized control of the political conversation in 2015. >> a landmark deal has been reached between south korea and japan regarding wartime sex slaves. the issue has long strained relations between the two co

joining me now, ari melber and joy reid. ari, let's start with you on the legal aspects of this. first of all, have we learned yet how many of the members of the jury did not go along with a guilty verdict? >> we have not seen that emerge yet and we may not. typically, that's the kind of information we might have, but there has been a lot of concern about leaks of information, and indeed there's a gag order that continues to function for all the lawyers involved and other people in the court, because these six trials are linked. so that's another piece of the information flow that we would usually have, but because of that gag order we don't have. so we just don't know. all we saw in covering this today was members of that jury escorted out. getting into a car and leaving. we're looking now at those live shots in maryland as the sun goes down here 5:00 p.m. on the east coast and really scattered people in the streets, but no indications of any great unrest or crowds yet, which is a contrast, of course to the very serious unrest we saw after this incident first came to light with

ari fleisher told the denver post that there was no truth to it. tony dungy is also defending the quarterback. >> i just don't believe it. it is not consistent with the peyton manning that i know. he just has too much respect for his legacy, for the game, for what it means. i think he would do everything in his power to get well, but i do not believe that he would go outside the rules. >> on twitter, former colts linebacker gary bracket writes: i can go on record saying i've never seen a player work as hard as peyton manning, and he's not cheating the game. the reports from the "washington post" and bleacher report cite sources close to the nfl say they will deny claims made in the documentary. >> "the dark side" today at 3:00 p.m. eastern time, noon pacific. when we come back, retaking of ramadi, the efforts to are capture the city from the isil fighters. plus evacuating syria, a rare u.n.-backed deal offer opposition fighters and their families to leave parts of the country. >> a landmark deal that has been reached between south korea and japan c

officials in iraq believe that ari nationals have been seized from hunting camp by unknown gunmen, thatncludes members of the royal family. the kidnapping was carried out before dawn in the desert, 20 five kilometers from the iraqi capital with saudi arabia. capturedave been suspected of having links to the attacks in paris. they were arrested in a refugee camp. they traveled from the middle east and were retained on suspicion of belonging to a terrorist organization. migrants are continuing to arrive for by the boatload on the greek island of less posts, despite worsening conditions on the mediterranean. every day laste month. the greek authorities and volunteer groups have been carrying out rescue operations. today at least 2 migrants drowned when their boat sank. david: it is the latest refugee tragedy. it happened where we could see greekhin the site of the shores. plug from the freezing see are dozens of iraqis. the rescuers are team of spanish lifeguards who are working unpaid. without them, many of these people would have drowned for certain. soon, the survivors were being brough

joining me live, nbc chief legal correspondent ari melber.t this tone that we saw from rahm emanuel. compared to that now-infamous press conference when he was asked had he seen the laquan mcdonald tape after a $5 million settlement and he said no. >> he said no at that press conference. that was shocking to people in chicago. i think people around the country following this case. how do you hear about this? how do you approve a $5 million settlement in this shooting, a shooting we now know led to the first degree murder indictment of an officer and not even watch the video? of course now removed police commissioner did. what you were just showing us was these new images from a basically another moment in chicago where rahm emanuel is trying, not plan a, not plan b, i think we're down to plan e. he says he's now on the search for a new police commissioner. all eyes will be on who that person is and what it says about the changes he wants to make. these protesters are saying we know this wasn't your plan, this isn't what you want to do and the

thank you, ari.nator ted cruz, we read off a laundry list of reaction from establishment candidates as they've been described to the gop. now senator ted cruz. >> i do not believe the world needs my voice added to that chorus of critics. and, listen, i commend donald trump for standing up and focusing america's attention on the need to security our borders. >> so clearly, this reaction from senator ted cruz brings up why he and donald trump have both chosen for the last few months in fact to not attack one another. there has been an alliance between these two rivals, in a sense, but clearly in some way allies. you have a very outspoken senator from texas, ted cruz, saying that his voice -- or his criticism is not needed in this. but also going on to commend donald trump for the conversation. so clearly a lot will be said about the relationship between senator ted cruz and donald trump. they've chosen not to attack one another for some time now. trump saying he also needs to be hit first before he att

peyton manning as you know has hired former white house spokesman, ari fleischer. fleischer confirmed that manning's wife was also a patient at the center. i wonder if you investigated whether she was taking growth hormone. sometimes doctors prescribe off label for anti-aging. >> of course we've explored it. this is really eight months of rigorous journalism that's resulted in this program. we've asked the question and it hasn't been answered. when you say the growth hormone is used, if it is used in that way, it is illegal. let me make it really clear, growth hormone is one of the very few drugs that you cannot use off label. there is federal law saying that growth hormone can only be prescribed for three incredibly serious conditions for cancer or something similar. >>> a story of potentially manning's wife ashley taking off label use of growth hormone is very different than the implication that peyton manning himself took growth hormone. >> then they should answer the questions we've asked. those are precisely the questions, the allegations in the program from c

>> reporter: member but apparently we're having some kind of technical difficulty so we don't have ariright now. we'll hopefully bring him to you here in a minute. but okay, now i'm told that ari can hear me now. >> i couldn't hear you for a minute but i can hear you right now. we can talk about obviously what you were just reporting on which is a lot of very serious allegations for a case like this about whether or not footage that is evidence was somehow tampered with. there are accounts from the burger king there in chicago and from "the chicago sun times" regarding those allegations but chicago police have said that they don't believe that it was tampered with in any way. and there is other sources from people close to the investigation saying they didn't find evidence of tampering. as we know, the fact that there is no evidence found of tampering doesn't mean tampering didn't happen. legally, you could have a potential obstruction charge if any investigators, local or federal, believed based on testimony, based on allegations or on evidence that somehow video was tampered with. >>

that's remarkable. >> let's get ari melber on. it stand with the state's attorneys not moving forward with any type of judicial charge against hernandez? is that the end of it? >> that's the end of it as far as the cook county prosecutor is concerned, correct. we're learning to the prosecutor for why she didn't have a reason to charge and now we have been listening to michael oppenhe oppenheimer, the attorney for the family. the biggest takeaway from the presentation is essentially about process not substance. substance in the video and people will debate that. he's by the way a former prosecutor in the very office alvarez leads saying that as of late in the day friday the prosecutors asking him for help how to charge the case and reached conclusion monday. that's hasty ninth inning work at best. that's an interesting highlight, thomas. >> thank you. we expect to hear from dorothy holmes, the mom of ronald johnson. also, want to remind you that we're awaiting a fbi press conference in san bernardino. this is the first time that we

ari melber back with us on this topic., they say they're not going to press charges, not going to pursue this and put this video out with a lot of explanation, a lot of detail. >> a lot of detail, kate. i watched a lot of these types of announcements of charges or no charges. this one was unusual, intense. we were looking there at a prosecutor, anita alvarez under pressure in chicago for past conduct and conducts the obviously lengthy some say too lengthy investigations. on the video itself she was clear. look. what's on the video and what else happened that night shows no reason to charge the officers and what's on the video she says is mr. johnson, yes, running away and still posing the kind of deadly threat to the officers that would justify the use of force. what's not on the video, kate? she said the investigation showed a physical altercation with the officers before the shooting and 911 calls and other information that suggested shots fired and a deadly and dangerous scenario there in the middle of the night in chic

ari joins us again now. of conversation, my friend. >> we have been hearing reaction from members of congress concerned about what we reported, namely, the department of homeland security did look at this in 2010, 2011, didn't go into adoptive policy to review social media. i talked to the dhs again, some whatever they've said is background but what they did want to stress, they don't have any sort of secret policy prohibiting this, that we didn't say they did. we said they never advanced into it. they are on defense, as they were trying to explain themselves in that hearing. the bottom line of policy level, there isn't any way to rigorously go into social media as part of vetting now, that's what's being debated, should they do more of that. >> do we know whether individual, i don't know what you call them, agents, people. >> custom officials. >> officials reviewing a visa application for a k 1 visa, do they -- do we know if they look at social media or if they don't. >> we know they don't have any instruct

. >> i'm joined by legal correspondent ari melber. let me ask the question, what have you found?>> what i found in talking to a range of constitutional experts as well as looking at the plain language of the constitution is that donald trump's plan is flatly illegal and unconstitutional. it raises the question of what are we even doing? are we being basically subjected in to treating this more seriously than we should? donald trump in his statements, including that long interview on "morning joe" that was fascinating today doesn't seem to care. he doesn't seem to care. the public will have to figure out whether they care. you've got the first amendment which says congress shall make no law establishing a religion or establishing the exercising there of. you have the fifth amendment which says no person can be deprived of due process of law, which can protect not on citizens but noncitizens against unequal or unacceptable classifications. in the modern era that includes religion and race. just because someone is not a citizen done mean the government can be religiously bigoted aga

ari, back to you in talking about the next step here.at there is going to be a court hearing on january 19th. what is it that needs to be considered here with the judge in determining how he's going to be punished, probation and now the step of moving him from juvenile court to adult court as requested. >> legally they have the argument to move because he is 18 now and in some states you can try people as adults in certain situations even under 18. so a judge looks at those several factors and great weight to prosecutors if he thinks it's a good faith argument. the other wrinkle that gabe and i have been reporting on and trying to figure out today is, this is a case criticized initially because the treatment was so lax and lenient. idea he was rich to get an extra break even though four people died, no jail time whatsoever. as we all know, a lot of folks in jail for a lot less than that and learning with that anomaly in texas law and you played the sound bite, he will not be up for the original ten years that he could have been sentenced

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ari melber joins me.s family is questioning the police tactics and whether or not lethal force should have been used at all. they're planning on suing the police department. do they have a legal case here? >> they do. let's start with what we do know. there's a lot we don't know because the facts aren't all in. many americans just hearing about it for the first time. this is a bad policing. at a minimum, this 55-year-old unarmed woman should not have been shot dead. we know that's bad policing. was it illegal under the standard? probably. the on time you're authorized to use deadly force is when an individual presents imminent force -- it is probably what they call a bad shot. you get you get the good shot, you get the bank robber, you take him out. a bad shot is you shouldn't have shot, shouldn't is killed. it may. >> so off the bat, bad policing in that respect. legally the question would be do they do disciplinary proceedings? almost never in chicago. and will there be any kind of criminal choir ray in

ari, first to you.ur exclusive reporting today, the whole question of social media postings and what homeland does. as we now know, it was erroneously reported that homeland and the state department had ignored social media postings by tashfeen malik. it turns out she hadn't. there had been only direct messages which were not as accessible. but this is a memo that you have obtained showing that homeland decided against pursuing those social media contexts. >> that's right. we know this was not an issue in san bernardino attacks, it is not being suggested in our reporting here that somehow this would have prevented that. it is not that kind of question. yet as the question around how we are vetting people entering the country has gained more and more currency and steam, what we have obtained today exclusively is a draft memorandum from 2011 according to a former senior dhs official which did not become policy but went through the policy review, went up to the highest levels, and i will tell you briefly w

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i want to bring in msnbc chief legal correspondent ari melber.is pretty striking because we have not seen bowe bergdahl, this image of him walking away in his military uniform from court is a strong image of someone that we have not seen but we have heard from since the beginning of this month as sarah alluded to in the episodes of serial that just started in its second round after being so popular the first time around. i want to play for everybody what sarah talked about, why bergdahl walked away. take a listen. >> doesn't matter how many kung fu movies you watch, you have to be realistic when you are facing those type of people. >> sure. yeah. >> you know, these people they have no hesitation, they have no problem killing you. >> from what you understand, can this interview be used in court? and if so, how might that impact the case? >> i don't think it would have a big impact. look, he's going to have to make his arguments in court and as long as he's relatively consistent, the arguments made on his behalf in court will reflect his argument a

ari melber, always a pleasure. thanks for being with me. >> you bet. >> take care.you an idea of how specific, precise and intense the investigation is, we are just a couple of yards from where this tragedy occurred last wednesday at about 11:00 in the morning local time. and you see all of those automobiles that are in the parking lot, and there are literally dozens of automobiles in that parking lot. those were the cars that brought folks here to this center last wednesday before 11:00 in the morning when this holiday party took place, and there are some different cars. you see one car there that has the windows smashed out of it. i don't know what that is all about, but these are the vehicles that were here before 11:00 a.m. and they have not been moved or allowed to be transported away from here. why? because the investigation continues and they are going so specifically not only through every single centimeter, inch and millimeter of that building, but also all of the automobiles. that's how intense, specific and profound this investigation is and will continue

ari fleischer, thanks for being with us.e now, executive director of the los angeles chapter of cair, the council on american islamic relations. thank you for being with us. >> thank you for having me. >> i know it been quite a 24 hours for you. you were at that press conference late last night with the broeshl of the suspect, syed rizwan farook. i want to begin by playing khan talking about his reaction last night to the shooting. >> i just cannot express how sad i am for what happened today. i mean, i -- condolences to the people that lost their life. i'm very sad that the people lost their life and victims out there. i wish speedy recovery to them. again, i am in shock. i have no idea why would he do that, why would he do something like this. i have no idea. i'm in shock myself. >> today we're reporting that farook may have been radicalized, based on sources telling us the fbi is looking into phone calls and links he may have had to militants. what do you know about this family? what do you make of that report? >> it's to

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ari, as you look at this and see there were 36 charges he was found guilty of 18. what was missing in order to not get conviction on the others? >> let's be clear, that is an overwhelming verdict. that is why this person is going to be put away forever, right? we're talking 200-plus years in the sentence. so, this is essentially like consecutive life sentences. to your point, that reflects that the prosecutors saw this as such as heinous case, terrible charges, the abuse of the uniform, of the badge to systematically pick these victims out based on their race, based on the fact that they would be vulnerable, that they had criminal records and systematically raped them. not every case was a first-degree rape. but what the prosecutors did legally was say we're going to throw everything and the kitchen sink in there, even some of the charges that might be on the line or that had less evidence, right, not because they needed them. no one's going to live 200-plus years, but because they wanted to make the point and they wanted no doubt. so, not every charge ultimately b

. >> we don't know if he's one of the gunmen that was killed or not or one of the suspects they arie looking for. let's give you more information on case of man accused of stabbing his ex-girlfriend to death last weekend. anthony appeared briefly in court. he didn't enter a plea. he is facing charges in the stabbing death of colleen straw. the two had been dating earlier this year. lefrs fou he was found hiding. >>> a california company has 150,000 food items con t contaminated. it began with contaminated celery. it was sold at costco last month. it includes items in 16 states at walmart stores, target, sams club, albertson's and safeway. taylor farms manufactured the products. they are urged to go to the fda website for a complete list of the recalled items. >>> what you're seeing is video of the mass shooting that happened some seven hours ago in san bernardino county at this hour now be search has moved here to a neighboring city of redlands where police are surrounding a town home. the suspects gathered after the shooting and maybe one of those suspects still inside. back in a mo

ari melber is msnbc's chief legal expert. so ari, first of all, from a purely legal standpoint, would it even be possible to ban all muslims from entering the united states? >> no, erica. it would be illegal and unconstitutional. donald trump doesn't seem to care about that, which i think is important and also revealing. but basically, there are some lowered protections for non-citizens in certain constitutional areas. for example, search and seizure. you have more protection as an american citizen than as a non-citizen. but in this area, the law is established and clear, the government can't just make decisions based on suspect or inappropriate classes, like race or religion, even as it pertains to non-citizens, even if they are not ever going to come in the country. of course, immigration works by making those decisions. now, did donald trump consult his campaign lawyers? did he put out a practical plan? did he look at any of those precedents, you heard him mention on the fly, fdr, no. it was just a couple of paragraphs. an

thanks a lot, ari, for joining us. >> ari levy out on the west coast. >>> speaking of unicorns the ceof of the business app slack will join us, it was named ink magazine's company of the year. we just tried it out here in the workplace today. >> is that right? >> yes. we've got to get you to sign up. >> yes, you do. >> no slacking off. >> time now for a cnbc news update with sue herrera. sue. >> no slacking off, bill. she's keeping an eye on you down there, buddy. all right. here is the news update at this hour for you guys. turkish police telling nbc news that a small handmade bomb exploded on an overpass near the metro station in istanbul. five people were injured in the blast which happened on the european side of the city. >>> defense secretary ash carter telling the house armed services committee that the u.s. believes that turkey should become more active in the war against isis. he also said turkey should secure its borders and go after militants who enter the country. >>> californians have reduced their water usage by more than 27% in the five months since emergency conservatio

but ari makes a point. he said it was one rogue police officer. >> right. >> and then he said it's handled on our own. i don't need the department of justice, paraphrasing, to come in and investigate the chicago police department. and then by this week, he was saying by monday he was saying, oh no, that's great. we welcome this investigation. >> right. well, so, i spoke with, again, some sourtss around the mayor's office who pushed back on that by saying, well, when emanuel misspoke in their view, essentially saying the fbi is already investigating the laquan mcdonald case and don't need to start again with a fresh doj investigation of that case. >> he had said they didn't want to duplicate efforts or have people working on three different -- >> right. remember that you did have already three. ipra supposed to be independent authority to investigate police shootings and accused by whistle-blower of stacking the deck in favor of clearing cops. >> he just replaced the head of that agency just this woke. >> on

ari fleischer worked on capitol hill when i did i always admired him i was excited to write about him in the book tonight knew then he said i don't remember your. [laughter] >> that sounds like jim. another piece of advice i talk about conversations stranger danger i have had a blessed life to know people from all walks of life and have the story about meeting president obama as a junior senator i got home and i said i got to sit with proper obama and i have to tell you i think he could be president in about 20 years. [laughter] but trying to find a connection with people also be willing to move. south dakota is the wild west with white by the need to get out at the end of my book if i take all of maya advise of what has happened space to be on this great show and have time to write a book like this i have to phrases that encapsulate rye was looking for is and others should try i and joyously content and productively serene. and in those two ways and hopefully living up to my potential land giving back the only thing i asked of young people and give mentoring advisor they pass it onto

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nats: applause >> that was ari odzer reporting. still to come on new 4 today... dove is recalling some of its chocolate items. and drone registration begins today. we'll tell you what you need to << >> stocks closed sharply lower on friday as the market erased its gains from earlier in the week. the downward move was led by drops in banks and technology companies. the dow sank 367 points to 17,128. the nasdaq composite lost 79 points. and the s&p 500 fell 36 markets were mostly higher today good news for holiday travelers... the average gas price went down four cents over the past two weeks... to two- dollars and six-cents a gallon. gas prices are back to where 2009. this drop comes from a decrease in crude oil the cost per barrel is down several dollars. if oil prices don't rebound quickly... we could see the average gas price shed another few cents as we head into the new year. required registration of drones begins today. unmanned aircraft systems weighing between just over half a pound to 55 pounds must register the drone with the federal aviation administrat

but you want to focus on the big picture. >> good to see you ari. thank you so much.atching msnbc live. hardball starts right now. >> lone wolves, this is hardball. good evening. i am chris matthews in washington. it could be a case of lone wolf radicalized islamist terrorism. it could have been worse. the pair planted bombs to create a greater scene of carnage. it started a vicious attack on president obama by donald trump. he said the president was hiding something about himself. something dark in his past and identity that makes him defensive about suspected terrorism th

. >>> well, now let's go to daniel, he's in ben cross arie s aries. what is the view of argentina and the whole of latin america? >> certainly there are countries like brazil and argentina, they're looking at the words like shall and should. are they developing countries or are they developed countries? brazil like china are developed in many areas, and very under developed in other areas. they might ask what their responsibilities are once we do see the emergence of this deal in paris. the other question here is in argentina certainly. what will happen. these countries are very good at saying the right things, but they're tempted by the short-term economic gain. they have fragile economies, they're rich in natural resources. so when they get the opportunity to develop oil and gas resources they often do that. and so they have short-term economic problems. what will happen in paris is difficult to predict, certainly in the short term. >> daniel, we're watching those pictures out of paris. 195 nations presented there. they have been talking about nothi

. >> this is ari calling from town ridge, new york.re are four tvs in the office of the press secretary and they all used to , be set on fox news. i'm just wondering what station they are set on now? mark: what are you watching? mr. earnest: right at this moment, bloomberg. john: on all four screens? i will tell you since ari's time in my fancy office with all the windows, we have taken those television screens and use modern technology to put them in a box all on one screen. it preserves a little desk space. mark: so you can have more knickknacks. john: i think we have one more caller. caller number five. >> hey, josh. jake hear from new york city. i understand you are married to a woman who is not only really smart and beautiful, but some people said she is even more qualified than you are to be the white house press secretary. what is the best piece of professional advice your wife has given you and what have you done with that advice? mark: good question. thank you, caller. josh? mr. earnest: that is a terrific question. like jake

we want to bring in msnbc chief legal correspondent ari melber. is it fair to say in many ways this decision today based on what we learned in the last few weeks is not necessarily surprising? >> it's not surprising in the sense this prosecutor made it very clear that he was on the side of the officers. whether or not people agree or disagree with that approach, he had already taken his side and said he squabbled with the family, which that itself is unusual. you think of prosecutors being on the side of victims. there is a 12-year-old child here killed, shot, dead. everyone agrees that is a tragedy. the question is, is it just tragedy or also a crime? on msnbc, i've been covering this today. we have in the last hour the full 70-page report which i've been going through. it reads like a defense counsel's argument why somebody should be charged. there it is up on the screen. the prosecutors typically say here is why we should charge, do you have my back? here the prosecutor said today in his press conference he recommended no charges. he went to th

somehow the if you ary fugitives keep eluding capture.every time they separate, they manage to join back up. >> i swear, they had cellphones and they were texting each other, because they would hook back up, i don't know how, because i didn't know where the other one was, and next thing i know, they're back together. >> three hours after the llamas got their taste of freedom, they continued to zigzag up and down neighborhood streets like thunderbird road. about 2:00, lany is apprehended off-camera, but kanita is still on t on the lamm. a local cowboy, actually in a pickup, roped her in. >> it was pretty impressive. >> it was a big relief due to the fact that no accidents occurred, nobody got hurt. for as bad as it looked, it ended well. >> we were putting them back in the trailer, and i heard somebody asking this lady how she heard about it so quickly. she said, oh, my friend in virginia called me. and i just stopped and said, virginia? what are you talking about? she said, oh, honey, this went nationwide, it's all over the news. >> by th

gfx former white house press secretary ari fleisher, saying the reporter on "the dark side" is now "backtracking and retreating"?"contradicting her own reporting" using this line as evidence al jazeera investigates - 1:44 in extraordinary claims that raise questions whether an american sporting hero, peyton manning, is linked to performance-enhancing drugs" that reporter, sitting down with us? 15;56;06;38 dd: we are not alleging anything denying fleisher's claims?.saying its charles manning's wife ashley received the banned drugs on his behalf 16;15;09;17 rs: is it possible that this hgh wasnt shipped to ashley? that peyton manning never had access 16;15;16;37 dd: well peyton manning knows the answer to that. i don't.// we have asked it- he hasnt answered. , new information surfacing about sly's employment with guyer. al- jazeera, seemingly confirming by phone he worked there during the year peyton rehabbed his neck? phone call from gma piece the start date that we have where we signed for him is 10.17.11 gfx now possibly contradicted by this e-mail, obtained by our affiliate wrtv, allegedly sen