mr. wagner, so if you object to mr.emblig. >> i don't think it's fair, respectfully commissioner to put it back on us who is the best person to advocate your position to the board in the process? >> we're giving you an opportunity to weigh in on how we should present this to the board. if you are going to object to mr. emblig and have no other suggestion, that is fine.

mr. wagner? >> no changes, thank you.

mr. wagner, when you were at thj podium, when your opening statements was the punishment would be curiouson what punishment is. >> i think the superior5hi2n cot imposed an acceptable punishment. the sheriff pled guilty tosjlje misdemeanor false imprisonment to dispose of this case the district attorney thereafter said publicly he believed justice had been served, or his spokesperson rather. so that would be the extent of the punishment, what's already happened in the criminal justice system. >> supervisor cohen: thank you. >> president chiu: supervisor campos. >> supervisor campos: thank you, mr. president. i wanted to follow up on a hypothetical that supervisor wiener had asked, because i was a little confused by your answer. and this is the hypothetical of the future -- a future treasurer engaging at the same time that they're performing their duties in a bank robbery. and you said that that couldn't be official misconduct. and i was confused by that answer because my understanding of your argument is that depending on whether or not the the -- they use or leverage their authority in th

mr. wagner and another made a decision not to cross-examine ivy wilson, but in terms of how you view her testimony leer being uncredible, she is upset and frankly as her attorney, i'm upset. you took a snippet of what you want to see and i'm worried that that is what it is is that rather than view something as true, the same with your dismissal of linnette peralta. and it has to be that elaina is not credible to sustain your findings here. as far the whole attorney-client privilege, i'm not eliana's first attorney. sheryl wallace was, but you have to know the first time sheryl ballas had contact with the police, within a day and a half of the video being taken from -- ivory madison, miss wallace asserted it's an attorney-client privilege and i know some of you are lawyers and in terms of attorney-client stuff i have tons of people tell me stuff that i would not disclose to somebody. it's the belief that i tell somebody something in confidence and if you are going to believe the video, you need to also believe that the only reason eliana made that video was to be used in a custody dispute

mr. wagner., ou on that?>> i would object to adding any language that attempts to change what the commission decided on august the 16th that is not ultimately relevant to what the commission is tasked to do. >> i can appreciate that view, but my question is did you stipulate what the sentence was? >> yes. >> okay, thank you. >> that is not reflected -- we stipulated to several of these facts. but the way it reads here is that the commission unanimously finds that the mayor proved the facts. well, if we stipulated to the facts already, then the mayor didn't need to prove them. >> okay. i have no objection to putting in the sentence in "finding of fact 7." >> excuse me, i need that sentence then. what i have is hree years' probation, domestic violence counseling and a fine. it is this conviction and sentence -- ." >> that part i don't agree should be put in the findings of fact? >> the sentence i just started?

mr. wagner i've been representing sheriff ross mirkarimi during these proargs. strongly believe that we don't need to draw from other jurisdictions as the mayor has, in order to arrive at a definition of official misconduct, that works in san francisco, and that is workable. and that has been tested. and the reason that we have come back time and again to the case involving commissioner mazzola is because, in that case, we saw board of supervisors sitting in judgment here, that undoubtedly thought they had made the correct decision, only to discover years later, after mr. mazzola was out of office, that they had decided incorrectly. now the reason that the court of appeal in mazzola was able to determine that official misconduct was not some vague, unconstitutional abstract notion is because there was a body of law that had been developed over the#r#pñ years. and every case that discussed official misconduct, the of their duties. and that's why the court of appeals will'a"dc say this is nt unconstitutionally vague, all at this definition. in fact, the amendment

mr. troy wagner has a quite lengthy disciplinary history. >> wagner says his latest outburst was prompted by his desire to be moved to another housing unit. he says other inmates were harassing him because he is a sex offender. >> the best thing is to keep it to yourself and not tell somebody what you're in prison for, because you tell people what you're in prison for, then they go around telling other inmates and other inmates will run after you, they want to fight you. >> like wagner, jeffrey flanders, serving a life sentence for murder, has also felt vulnerable around other inmates, but for a completely different reason. he stands just 4'6" tall. >> prison is a place where they tend to prey on the weak. i carry myself in a way that a person would know, if they came anywhere in my space and was trying to take something from me or cause me any type of physical harm, that they'll be dealt with. >> nobody ain't going to come take nothing from me. even if they won the battle, it won't be a battle they just win this day, it will be an ongoing battle. >> flanders' small stature is the result

richard wolffe and alex wagner will join me next for the discussion. stay tuned. mr. margin? don't be modest, bob. you found a better way to pack a bowling ball. that was ups. and who called ups? you did, bob. i just asked a question. it takes a long time to pack a bowling ball. the last guy pitched more ball packers. but you... you consulted ups. you found a better way. that's logistics. that's margin. find out what else ups knows. i'll do that. you're on a roll. that's funny. i wasn't being funny, bob. i know. email marketing from constant contact reaches people in a place they're checking every day -- their inbox. and it gives you the tools to create custom emails that drive business. it's just one of the ways constant contact can help you grow your small business. sign up for your free trial today at constantconta.com/try. >>> coming up, new poll numbers show mitt romney's 47% comments have take an toll. can tomorrow's debate be a game changer? richard wolffe and alex wagner will join me for a debate preview, next. >>> the obama campaign launches a new ad targeting mitt r

wagner. >> last week mr. dalton implemented an ad that said mr. mccrory doesn't understand the african-american experience in north carolina. characterizing your opponent's raise appropriate in this campaign and how would sensitive issues of race if you were elected governor? dalton: you have to understand that is the time he was running at tv ad that had someone who had made derogatory and offensive comments after losing a race by 24 points and there were people in the african-american community who were upset. governor romney made his 47% comment and republicans across the nation that spoke against that and some republicans in north carolina withdrew their endorsement of governor romney. he did not. he embraced that and there were people and that ad is not strictly about african-americans. it is about the working people and our senior citizens. when you kick half the nation to the curve that is not what people are wanting. and i will represent 100% of the people and that is what that is about. senator mansfield speaking showing what he was upset

wagner. there was an internet only add that said mr.erican experience in north carolina. do you think characterizing your upon it that way is appropriate in this campaign to about how you handle issues of race in this campaign? >> that was about the time he was running a tv ad that had someone who had made derogatory and a sense of comments after ce by 24 points. they were upset when governor romney made his 47% comments. there were republicans across the nation the spoke out against that. some republicans withdrew their endorsement of governor romney. he did not. he embraced that. there were people -- that that is not strictly about african americans. -- that ad is not strictly about african-americans. it is about the working people. i will represent 100% of the people. that is what that advertisement was about. senator mansfield was speaking and showing he was upset with what was going on in the mayor's campaign. it was a senator who was speaking and saying he was upset about the attitude he was seeing in that campaign. we need someon