back in june the minnesota attorney general keith ellison took over the case -- he took it back.as to upgrade the charges from third to second-degree murder. k >> we felt that the facts were there to charge the higher count on derek -- we are charging accounts we believe are provable, substantial evidence exists for and so that's what we arrived at. >> laura: so why is ellison's office now going back on that to reinstate the lower degree murder charge? joining me now is alan dershowitz, harvard law professor emeritus and host of the podcast. alan, this seems like kind of a weak sister move here. what does it say? >> undoubtedly is an attempt to kind of create an insurance policy to avoid a hung jury or an acquittal on the second-degree murder charge and maybe, maybe get a conviction on the third degree but if you read the statutes carefully, and that's what you have to do, second-degree murder is not applicable to the facts of the case. third-degree murder is not applicable to the facts of the case. the only thing that's applicable is second-degree manslaughter. let me read it to

so one response here is that the attorney general, keith ellison, is in charge of this prosecution. supporting mr. ellison and they're probably going to do most of the work at trial but keith ellison is calling the shots. >> hey, my director steve, can you put back up the makeup of the jury right now so we can remind our viewers what the jury looks like at this point, with seven having been chosen of the 12. so give me your thoughts on the makeup. three white men, a black man, latino man, two women. one being multiracial and one being a white woman. what are your thoughts? >> so, alex, chauvin's lawyers get 15 strikes they can use to get rid of jurors for any reason other than race. the concern is that chauvin's lawyers are using these strikes to get rid of minority jurors, which is against the law, but they've already used three of their strikes to exclude hispanic jurors. and this matters because jurors are told to use their life experience when they evaluate evidence. minorities have different experiences with police that can make them more skeptical. but those experiences are jus

but there's a lot of trust in attorney general keith ellison and his team.ly awaiting for this trial to proceed. >> congresswoman, thank you for being with me. good to see you in person and good to be in your city. congresswoman ilhan omar of minnesota. >>> and that brings us to the end of this show for today. i will be here, though, in minneapolis. stick around for reverend al sharpton who is also live from minneapolis for a special edition of "politics nation" at 5:00 p.m. eastern. at 6:00 p.m. eastern, tune in for the trial, "the killing of george floyd" with ari melber and tomorrow we'll have all-day coverage, analysis of the derek chauvin trial. don't go anywhere. "the sunday show" with jonathan capehart begins right now. >>> a reality check on what's really going on at the border. congresswoman veronica escobar is just back from a bipartisan tour of border facilities. she's here to tell us all about it. the quest for d.c. statehood and the ridiculous objections from republicans. d.c. mayor muriel bowser will respond. >>> and the battle over voting righ

>> it's very important, katy, because, as attorney general keith ellison, the first african-americaney general in the state of minnesota, he has tried to make sure the jury has all options available to hold derek chauvin criminally liable for killing george floyd. and just like they do with people from our community, they throw the book at them all the lesser included crimes. so if the jury says we don't think there's guilt in this charge but then we can consider this charge and this charge and this charge, well, that's what they do in everyday life. they rarely do it with police officers. so we are very pleased that keith ellison and his prosecutors are treating derek chauvin and charging him like they charge black people. >> benjamin crump, attorney for george floyd's family, thank you so much for joining us, sir. >> thank you. >>> and at the height of the pandemic, a single mother who was exposed to covid said she was told to return to work or be fired. now she's filed a lawsuit against her former employer. she joins me coming up. >>> will the new statement issued in response to m

i know attorney-general keith ellison, for the state of minnesota, is going to prosecute this state.hey moved for the third-degree murder charges to be reinstated because they want to make sure that the jury has every option to hold derek chauvin criminally liablefo the. >> brennan: that is the state's case. we know that often happens before a federal case gets under way. but there has been a grand jury impaneled in minneapolis, and do you have any indication how the biden administration's justice department is going to handle this? >> it is my belief that george floyd's civil rights were violated. you look at the video, and you hear him say 28 times "i can't breathe." the public is begging the police to take the knee off his neck. they say his nose is bleeding. he can't breathe. he is going unconscious. you're going to kill him. if that is not a deprivation of his civil rights to live, i don't know what is. margaret, my whole life's mission as a civil rights attorney has been to be an unapologetic defender of black life and black liberty and black humanity. and we saw that derek cha

leading the prosecution's attorney general keith ellison, minnesota's birth -- first african-americantorney general. we've heard from eric nelson. he has previously represented police officers inlved in shootings. presiding over the trial is judge peter cahill. the judge will be decided by a jury of 12 with three backup jurors if they are needed. we know the jury is made up of nine white jurors and six that are black or multiracial. here is judge cahill giving the jury its instructions. >> as i said during jury instruction, you are not investigators. you'reot to go out doing and looking, you are not to use the internet to look for information on this case or about the law. you should avoid all news if possible. at the very least, you should avoid anything involving the case. >> the world is very much watching. last year george floyd's desk sparked huge protests across the u.s. and in many other countries too. the anger and upset that we solve in remains, as we could see on sunday in minneapolis. hundreds of active is held what they called it justice marks that culminate in a vigil. th

yes this is a very good question i think that attorney general keith ellison the attorney general for the state of minnesota is essentially trying to do what would have happened if george floyd was actually the assailant of the officer and get as many charge is available to them as possible in an effort to get justice in an effort to hold this officer accountable so they want to have as many. potential tactics in their arsenal to ensure that the people of the community of minneapolis get some semblance of justice and not just the limits. of grand jury to a short list of options that they can use to hold this officer in contempt. here's a rabbit hole question for you if you'll go down there with me. do you think that he can get a fair trial in minneapolis i mean what all of the coverage suggesting he's guilty and the threat of violence influence the jury in some way. yeah this is this is a fair question i mean i do think that as it is a with people who convicts commit crimes that we do have to trust the process there is no doubt that you know there could be some subjectiveness applied

we pray that attorney general keith ellison and his prosecutors demand that they have a diverse juryreflects the population of the city. >> potential jurors are being given a questionnaire asking things like what coverage they've seen of the case, what experience they have with drug addiction, what podcasts they listen to, and whether they have martial arts training. some of those questions may seem strange, but how will the defense and the prosecution use questions like these to get a jury that works in their favor? >> well, don, it's what they taught us in trial practice back in law school. if you've got your jury, the facts don't matter. so it's going to be critical that you have a diverse jury because if you have a jury that don't believe george floyd was worthy of consideration, that don't believe george floyd's life matters, then we get those results that you and i have saw far too many times where there's philando castile or where there's trayvon martin or where there's alton sterling. so we have to have people show up for jury duty, and i'll just say this. one of the hardest

i have faith in our attorney general keith ellison. they have good lawyers on the case.ou let the evidence speak for itself in the middle of a trial. right now the jurors have been picked and the trial is going to start. for me, my piece of it, it's not the trial, because i won't be in the courtroom. my piece of it is what you mentioned, joy. that's my role on the judiciary committees to get the george floyd justice in policing act done. >>> thank you for the time tonight. >>> teargassing of peaceful protesters, and the insurrection have breathed new life into d.c.'s push for statehood. mayor bowser will be here with more. we'll be right back. will be heh more we'll be right back. allergies don't have to be scary. spraying flonase daily stops your body from overreacting to allergens all season long. psst! psst! you're good. this is the planning effect. as carla thinks about retirement, she'll wonder, "what if i could retire sooner?" and so she'll get some advice from fidelity, and fidelity will help her explore some different scenarios, like saving more every month. ♪♪ a

that's why i agree with attorney general keith ellison, the first african-american attorney general inery charge possible presented to the jury to make sure that derek chauvin is held criminally liable for killing george floyd. just like they do in our community, joy. you know, they threw the whole book at us. they have every charge included there so if the jury thinks it's something else, we get convicted on that. we don't want anything different than if the roles had been reversed and george floyd had done this to derek chauvin. how many charges do you think they would have had on george? >> having been on a grand jury, they would charge him with about ten things to make sure you get him on something. philonise, is the family prepared for a black man who killed a man or child and then just walked away? it's like if they walked up to a child and shot him. that couldn't end up in a conviction. the odds are so low that he will be convicted. is the family emotionally prepared for that outcome, or do you believe a conviction is possible? >> i believe that a conviction is possible. we want

the prosecution is being lead by minnesota attorney general keith ellison, appointed by the governor days after the incident last year. three other exofficers involved in floyd's arrest are set to stand trial in august on a variety of charges related to the killing. however, all of those cases, those other three cases, would turn to dust without a conviction in the chauvin trial, which begins tomorrow. joining me now colead counsel for the family of george floyd. he was the trial attorney for i are shar brooks, walter scott, and sterling. and managing partner for stewart, miller, & simmons trial attorneys. we had the conversation last week. part of. which reverend al and i had. this settlement for $27 million has brought this home to minneapolis residents. it brought it home to not black, in many cases, it's not a majority black city. it brought it home to the city council, to the police. what does justice look like for you? is it a conviction in this case or the necessary change that came out of the killing of george floyd and reverberated across the country that may cause police to

person in america and justifiably, based on the history, but i am confident that attorney general keith ellison, first african-american attorney general in the state of new jersey has been a champion in civil rights will zealously prosecute this case to make sure george floyd family get with every citizen deserves, and that is the benefit of the 10th amendment constitutional protections that said if a crime is committed then those who committed it will be held criminally liable. we are the civil lawyers. we made sure they got their civil justice with the historic $27 million settlement because i am very focused on single handedly going all across america to increase the value of black lives since for decades throughout the history of america, black lives have never mattered. and as thoroughgood marshall said, alex, they never meant the constitution to apply to us african-americans but we're going to make the constitution ours anyway. >> and i can say to all those efforts just one foot in front of the next and keep on going, my friend. what do you think people should be watching realistically? w

keith ellison come accused of brutally assaulting his ex-girlfriend, he is still the attorney general of minnesota. joe biden, we played it last night, he has been accused of sexual assault. the last campaign, sexual misconduct, unwanted touching, and kissing, and hugging, and hair smelling, is not a president of the united states. and kamala harris, who once proclaimed that she believed biden's accusers, gladly joined his ticket without hesitation. so tonight, we have any reason to believe andrew cuomo is going anywhere? here from albany with a full report, fox news contributor sarah carter, investigative reporter. this is interesting, this double standard. >> oh, it sure is, sean, and the crisis is really deepening for governor andrew cuomo. we have seen mayor bill de blasio come out and speak out against him. we are seeing other political heavyweights speaking out against cuomo, and we are here in albany, the beautiful capital, 20 degrees here, freezing cold, out of the governor's mansion today, all remained quiet except for a few cars circling around, and media trying to catch jus

and it is being prosecuted by state attorney general keith ellison more than equipped to deal with thism watching the jury selection to see that we get a fair jury. and even with a conviction, there are many hurdles left. the civil case is just one step but we want to see the criminal trial where you have three options. murder 2, murder 3, and manslaughter. that jury has three ways that they can convict officer show chauvin. and then we look at the george floyd legislation.show chauvin. and then we look at the george floyd legislation.how chauvin. and then we look at the george floyd legislation.ow chauvin. and then we look at the george floyd legislation.w chauvin. and then we look at the george floyd legislation. chauvin. and then we look at the george floyd legislation. don't want t case to the other. this needs to stop. and federal law needs to stop it with the george floyd bill. >> always enjoy having you. thank you so much for coming on with this breaking news. we appreciate it. >>> and it is getting hot in albany, how much longer can governor cuomo stay in his seat? and the deal

but we have faith in attorney general keith ellison and his team and their ability to get justice. >> let's see what happens. congresswoman, thank you for your time tonight. >> thank you for having me. >>> still to come, same story, different year. the gun reform debate again. will the outcome ever change? >>> plus, thousands of covid deaths that could have been avoided. could president trump one day be held criminally responsible? >>> and activist, actor will join me to talk about the voting rights some are trying to take away. but first, richard has the headlines. >> at least four people died and 130 rescued in nashville, tennessee. starting friday, new yorkers will be able to use an app that shows if they've been vaccinated or if they recently tested negative for covid-19. the pass is the first of its kind in the u.s. the governor says it will help entertainment venues and other businesses open up to larger groups. >>> finally, comic-con plans to hold an in-person convention during thanksgiving weekend. the san diego super hero convention went virtual in 2020 due to the pandemic. o

know that he has lots of resources and a great defense, but we have faith in attorney general keith ellison and his team for the ability for justice. >> let's see what happens. congresswoman ilhan omar, thank you for your time tonight. >> thank you for having me. >>> still to come, same story, different year. the gun reform debate again. will the outcome ever change? >>> plus thousands of covid deaths that could have been avoided. could donald trump one day be held criminally responsible for them? >>> later on, activist, actor and former west wing star bradley whitford will join me about the voting rights some are trying to take away. richard lui is here with the headlines. >> four people died and 130 were rescued during floods in nashville, tennessee, trapping people in homes. >>> new yorkers will be able to use an app that shows if they've been vaccinated or recently tested negative for covid-19. it's the first of its kind in the u.s. governor andrew cuomo says it will help entertainment venues and other businesses open up to other groups. >>> finally, comic-con announces an in-person con

the prosecution, attorney general keith ellison, made a very compelling case of what you see on that video is what killed george floyd. and then the defense tried to offer that trace amounts of drugs in his system was the cause of death. it's what we have gotten used to when you have police officers that kill marginalized people of color that they will try to assassinate the character of that individual to justify the excessive use of force that caused the death of the unarmed minority. >> martha: so one of the things that the defense brought out today as you mentioned were the drugs that they contend mr. floyd put in his mouth during the process of all of this arrest. also, the employees that called police say he appeared to be drunk in the store and they were worried about that and that is what brought all of this to a head. how do you feel about the defense in terms of the way they're laying out the case and in terms of opening the door anyway they can to a question of whether or not there's a reasonable doubt for the cause of death here? >> as i said, it's what we expected the de

and i have to say this, reverend al, because keith ellison, who you and i both know, the first african-american attorney general in the state of minnesota, had a track record of being a champion for civil rights. i believe it's going to zealously prosecute this case with everything he's got, and elections matter. and breonna taylor, you had the first one in kentucky who didn't have that champion as civil rights. i honestly believe it comes back full circle to the democratic process. voting matters. black lives matter. the civil rights agenda matters for all of us, and you know that better than anyone, al sharpton. >> philonise, let me ask you this, and i'll let you to go. i appreciate you coming and doing this. we'll be at the church tonight having the prayer rally. but as you see legislation that may become law named after your brother, i remember you and your whole family and george's kids met with then-candidate joe biden. and he said that he was going to deal with police reform if he's elected. he is now president. if he's watching you tonight, what do you say to the president, who you had

why it is so important reinstating the third degree murder charge, because what attorney general keith ellisone and his team are the prosecutors in this matter representing the state of minnesota against derek chauvin to make sure he's criminally liable for the death of george floyd and they're zealously doing so. what they're doing, craig, is saying we want the jury to have options. second degree murder, third degree murder, manslaughter, aggravated manslaughter. we want them to look at each element of each charge and check the box. if he's guilty of second degree, you can find him guilty for that. if he's guilty of third degree, you can find him guilty of that. if he's guilty of manslaughter, just like they do so many times when they charge people in marginalized communities, they throw the whole book the amy and the jury will decide every element that fits that they can be found guilty of. >> last week the judge ruled that one member of your brother's family at a time will be allowed to attend the trial. your sister bridget is in attendance, i understand it. different family members will be

keith ellison has been in this position for some time.nesotans right now, but especially those who have been dealing with the fallout of the killing of george floyd on camera for the world to see. moving forward though, i think in shaq's reporting is the importance of jury selection in moving this forward as well. it's so important that more people sign up to be jurors. i know there's a reputation of, nobody wants to give up time to sit on a jury. this is the reason why we should do our civic duty, to make sure there's justice served. we cannot have one group of people taking the time to do this. it's a right and privilege. we need a more diverse jury pool, especially since prosecutors have the power to throw out certain names or certain individuals just preemptively. we need to make sure we have quality and quantity of black jurors and people who are allies who believe in justice, also to make sure we move forward in this trial. >> shaq spoke to protesters in minneapolis. here is their response to the citywide security measures ahead of

though who really helped us achieve this civil justice now we're turned into attorney general keith ellison and his team of prosecutors to deliver criminal justice and it's been such an honor to work with you jeff and your native hometown thank you van it's been an honor to work with you as well for too long too many of us have been deliberately and different at least to the atrocities that have be fall in our black brothers and sisters. but today is a landmark moment behind us to show the world that no longer will we be deliberately indifferent to hate. love playing a role in that and we thank you all for that thank you thank you so much yeah. now we're going to have his family is going to build emotional for them and you can imagine they have about half the said sarah through this court proceeding and hear him talk about the person who they all grew up with and cuny homes projects of houston texas congresswoman sheila jackson lee reminds us that not only is george flaw a family in the limelight but also the whole cutie home neighborhood all of black america is in the limelight as we deal

disappointed about that because you know it was the progressive caucus myself, a former congressman kids keith ellison. >>who really way back i think 2015, championed $15 minimum wage legislation. we went around the country we work with our partners in in labor and we thought it was called fight for 15 and we've been fighting for this for many many years and so unfortunately it did not get included in the bill, but let me tell you we're ready to go with a single bill we're going to figure how to get it through and of course president biden supports it and i always say where there's a will there's a way and so we're back and forth by for another day, but we'll be right back at very so meantime in your district just waiting to get into the red they want to be in that red tier so that the restaurants can open up. >>do have any inside word on >>there there's resources therefore first of all our small businesses. our restaurant workers for workers in general and so hopefully this will open the door to making sure that well not only survive but thrive and remember we still have a pandemic so we have to do t

keith ellison, your friend, the first african-american attorney general for the state of minnesota, iso zealously prosecute this case, and that's why it was so important that he motioned and got the appeals court to reinstate the third degree murder charge so the jury can have options to make sure that derek chauvin is criminally held accountable for murdering and torturing george floyd, and hopefully, that video that we saw will not only get justice in the court of law for the family of george floyd but also we can get justice for all of our families when the united states senate do something that you have been working on for decades, reverend al, and that's meaningful police reform. and that's what we have to have. we cannot lose this moment. >> now, ben jealous, the fbi director, christopher wray, testified this week, and he said that domestic terrorism, quote, has been metastasizing around the country for a long time now. and it's not going away. this is his quote. what else can be done to emphasize this as a top concern? >> well, this is why we need to frankly rebuild the u.s. dep

the progressive caucus under the leadership of now attorney general keith ellison introduced this i believe in 2015. and we have been fighting -- we went around the country, we held rallies, we marched, we protested and the people in our country need this $15 minimum wage increase. for the life of me, i don't understand why that cannot be supported other than i know the parliamentarian ruled against that. we're here to fight for another day because 7.25 an hour, that's the poverty wage. people should not have to work and make poverty wages and taxpayers pay for that s.n.a.p. benefits, section eight housing and safety nets need because they're working for poverty wage and can't survive. we're here to fight for this and we're going to get it sooner than later by any means necessary. >> let me ask you about the changes made in the senate that narrowed the income eligibility for the stimulus checks to lower the unemployment benefits from 400 to 300 a week. do you think ultimately it was necessary for compromise and to get the successful package? again, so narrowly right along party lines. was t

leading the prosecution is attorney general keith ellison — minnesota's first african—american and muslimuvin�*s defence is being lead by eric nelson — we've already heard from him. he has previously represented police officers involved in shootings. and presiding over the trial is hennepin countyjudge peter cahill. at the end of the trial — the verdict will be decided by a jury of 12 — along with 3 back— upjurors if they're needed. they are all anonymous — but we know the jury is made up of nine whitejurors, and six that are black or multi racial. here'sjudge cahill giving thejury its instructions. as i said during jury selection you are not investigators, you are not to not to go to any looking and you are not to ask people about this matter. you are not to use the internet to look for information about this case or about the law. you should avoid all news if possible. but at the very least, you should avoid media coverage of this case. it is the jury that will take the decision — and the world is watching. last year, george floyds death sparked huge protests across the us and in many o

smith we know the minnesota ag keith ellison is very left-wing and very political. he held back tape of the george floyd incident. we are well aware of the fact he had drugs on him and was as it looked on videos trying to swalwell as he was being arrested obviously. we know he had fentanyl in his system. that could obviously contribute to his death or be the cause of his death and he had an overdose. so obviously the jury selection i was finishing up myself about fighting the pills that's a big thing. will that reasonable doubt for the jury? i think there's a good shot of that. >> at think what should create reasonable doubt is the fact the autopsy seems to indicate that he was having his having heart failure from the drugs that were in his system. the simple fact is still standing up he kept saying i can't breathe when he was standing up. and it was when he was standing upright he was already in what was ever happening to him at that point. not just when he hit the ground spread the other thing about jury selection i don't know how they're having this trial in that

blackwell is expected to give the opening statement today, but it's minnesota's attorney general keith ellisoneading the prosecution. he's a former member of congress and the state's first african american attorney general. the governor appointed him to this case amid concerns the county prosecutor did not have the support of the black community. let me bring our next guest now, nbc news legal analyst and former federal prosecutor cynthia alksne. cynthia, what are you seeing here as we begin? what should we be watching out for? >> you know what i'm looking for in my experience in trying excessive force cases, is there any evidence that chauvin lied about what happened? my experience is that as we've been talking about, jurors lean over back wards to give police officers the benefit of the doubt, but if you can find a place where he, for instance, lied to the emt worker who came to the scene or he lied to any of his peers in the police station that george was somehow resisting when we all know he wasn't, if any of those -- we can prove any of those lies, then that reluctant juror will go ahead

he is on keith ellison's team, the state attorney general as they lay out the case.s this, because it is a venue driven trial. they wanted to move the trial. they were not successful doing that it is happening here. derek chauvin is in the courtroom over my shoulder as all of this gets you know way but you point to the businesses and the culture and people who live in machine minn, there is such a huge amount of tension, stuart, ahead of this trial. so many of them lived through the riots last summer. there is this entire sort of outer circle of the interpretation and perception of this trial, what it means for the people of minneapolis who basically have lived through a level one defunding of their police. they have, feel very little protection from the police for their businesses because of what happened last summer, because of the abandonment of the third precinct. we were around town, yesterday. there is very small presence of police. around the courthouse there is 100 national guard. communities put together text chains to protect each other. watch out for their

now we are turning to attorney general keith ellison and his team of prosecutors to deliver criminaljusticen. thank you, it has been an honour to _ your native home town. thank you, it has been an honour to work- your native home town. thank you, it has been an honour to work with - your native home town. thank you, it has been an honour to work with you | has been an honour to work with you as weit~ _ has been an honour to work with you as weit~ for— has been an honour to work with you as well. for too long, too many of us have _ as well. for too long, too many of us have been deliberately indifferent at least to the atrocities that have befallen our black— atrocities that have befallen our black brothers and sisters. but today— black brothers and sisters. but today is — black brothers and sisters. but today is a _ black brothers and sisters. but today is a landmark moment behind us today is a landmark moment behind us to show— today is a landmark moment behind us to show the _ today is a landmark moment behind us to show the world that no longer will we _ to show the world that no longer