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PoliticsNation, Tuesday, August 18th, 2015

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Date: August 18, 2015
Guest: Tara Dowdell; Gina McCarthy; Mo Elleithee, Faith Jenkins, Eric
Guster, Marcy Stech

REV. AL SHARPTON, MSNBC HOST: Tonight on "Politics Nation," the Trump
rules on immigration. GOP candidates are flipping and flopping all over
his extreme plan to deport millions of people.

Also a new push from the president on pollution and climate change.

Dramatic testimony from the accuser in the prep school rape case.

And a powerful statement on gun violence from Stevie Wonder.

Welcome to "Politics Nation." We begin with the GOP`s big challenge. How
to talk about something, anything besides Donald Trump. Today these
candidates wanted to focus on health care and national security, but all
the attention is on Trump`s push to end citizenship for babies born in the
United States to undocumented parents. Some say he`s wrong.


that prevent people who deliberately come to the U.S. for purposes of
taking advantage of the 14th amendment, but I`m not in favor of repealing

GEORGE PATAKI (R), PRESIDENTIAL CANDIDATE: I don`t support amending the
constitution to kick out kids who were born here.

JEB BUSH (R), PRESIDENTIAL CANDIDATE: To suggest that people born in this
country are not United States citizens and they don`t have this in the
constitution, I just reject out of hand.


SHARPTON: But Bobby Jindal agrees with Trump. He tweeted, quote, "we need
to birth rite citizenship for illegal immigrants."

And another candidate couldn`t decide what he thinks. Scott Walker first
said he agreed with Trump but hours later he wasn`t sure.


UNIDENTIFIED MALE REPORTER: Do you support changing birthright

- I understand what people concerned about. That what I`ve said about any
of these issues is until we secure the border and start embracing the laws,
American aren`t going to trust politicians in Washington to do anything


WALKER: No, we had a three hour rolling goggle there. It`s - you answer
part of the question, somebody turns and asks you something. My point is,


SHARPTON: So what does Scott Walker think? This issue won`t go away.
Donald Trump is leading yet in another poll and forcing the GOP to confront
his issues including if America should deport babies who the constitution
says are U.S. citizens.

Let`s talk about it with Tara Dowdell and Mo Elleithee.

Donald Trump seems to be really guiding the conversation, dominating what`s
going on. No matter what else they try to get around, Donald Trump is the
not 600-pound thing in the room because I don`t want people tweeting that I
called him a gorilla. But he`s the object they`re trying to get around,

TARA DOWDELL, DEMOCRATIC STRATEGIST: And he`s the immovable object they`re
trying to get around because he`s remained immovable in the polls which is
a big problem for the GOP. And yes, to your point, he is dominating the
conversation because one advantage, huge advantage in the word of Trump,
huge advantage that he has over the other contenders is that he understands
how to dominate the news cycle. Not only is it just his celebrity status,
but he actually understands how the media works and how to manipulate the

SHARPTON: Mo, he has become the dominant force in the Republican primary,
in the process right now, taking all the oxygen out. And now making some
very extreme proposals. Now, he`s solid in the polls as being way ahead.
But now you talk about deporting babies of immigrants that are undocumented
that really talks about repealing the 14th attempt which takes
congressional votes, state, I mean, things that are really complex and hard
to do. Is he digging himself in a position where he`s going to not look
just extreme but like he doesn`t even understand government? Do you know
what you have to do to overturn the 14th amendment?

COMMITTEE: Look, he`s doing exactly what he needs to be doing right now
and a 17 or 18 person Republican primary field, right? When you got an
electorate or field that`s this large and the electorate is as slice and
dice as this one is, he just, you know, he doesn`t need a lot to stay at
top of the field. And so, he has been able to sucks all the oxygen out of
the room for anyone who is going after this particular sliver of the

No, 75 percent of Republican primaries oppose him. He`s the front-runner
and 75 percent oppose him. He is a front-runner and 75 percent of
Republican primary voters oppose him. So I don`t know if he will ever get
over that hump, if he will win the nomination. I don`t think he will.
Most Republicans I know don`t think he will. And I certainly don`t think
he gets elected president of the United States.

But what he`s doing more than anything else is keeping a lot of other
serious voices in the Republican field, keeping their voices silent because
they`re not able to break through for the reasons we just talked about.

SHARPTON: But despite the fact there are some serious voices that you`re
not hearing, the fact of the matter is, Tara, the field is all over the
place even on this issue. You know, at least six candidates at some point
have said they support ending birthright citizenship. We also heard some
that oppose it. John Kasich has been on both sides. And who knows what
Scott Walker`s thinking from one minute to the next. They`re all over the
place. So do you think they`re happy when Trump forced them to talk about
this issue when they`ve been bobbing and weaving on this issue all along?

DOWDELL: They would absolutely prefer not to discuss this issue
particularly in the way that Trump is framing the conversation. And be
very clear, he is framing the conversation. He has set the rules of
debate. And they`re arguing within the rules set forth by Trump. That is
not a place any candidate wants to be ever. You don`t ever want to let
someone else dictate how you debate something.

But here`s the other issue for the Republicans. Their base -- and we talk
about this often, but their base, particularly the most active parts of the
base, there`s a very strong xenophobic anti-immigration strain in their
base. And so that`s another problem, Trump or no Trump. Remember Eric
Cantor, and people forget this, Eric Cantor, the powerful leader in the
Congress was defeated on this issue, on the immigration issue. Now
granted, there were other factors at play, but that was a driving reason
why he lost his house seat despite how powerful he was and despite all the
money he had. This issue is a difficult issue for the Republicans when
they navigate the primary.

SHARPTON: Well, you know, Mo, Governor Kasich of Ohio used to be or said
he wanted to end birth rite citizenship. But now he doesn`t know. NBC`s
Kelly O`Donnell asked him why. Take a listen to this.


birthright citizenship that change your mind?

whole issue. I mean, you know, I`m at a point now where I`m extremely
concerned about efforts to divide us in this country and I`m more
interested in the kinds of things that can unite us and we have bigger fish
to fry.


SHARPTON: Mo, your reaction? He just wants to unite us. He doesn`t want
to divide us any more as he thinks things through.

ELLEITHEE: Well, look. I think there are a couple of Republicans in this
field who may have learned a lesson from 2012. In 2012, when you had some
of the more extreme members of the Republican field make outrageous
statements, everyone, including Mitt Romney rushed to embrace that

This year is field is a little bit more divided. Some of them are rushing.
Bobby Jindal is the happiest guy in the world right now because you just
mentioned his name on national television. Have not been for this issue,
no one will be mentioning his name. But others are little bit more wary
about how they are going to embrace this kind of rhetoric or how they are
going to trust this kind of rhetoric because they know the Republican party
cannot afford one day longer to be seen as divisive against Latinos and
divisive against women.

And so, Donald Trump is putting those candidates in a very tough spot.
Now, Kasich`s problem is he`s got a record and he has got previous
statements that he`s got to reconcile. But you know, at least maybe some
of these candidates deserve a little credit that they`re not rushing to
embrace this -- you know, these most bombastic statements the way the
entire field did last time.

SHARPTON: Let me ask you, Tara, before we get out of this segment,
something that was very interesting to me. The new poll finds that Trump
is the most trusted candidate by Republican voters on a number of issues,
45 percent trust him the most on the economy, 44 percent trust him to
handle illegal immigration, 32 percent trust him to deal the best with
ISIS. I mean, does that mean we`ll see more candidates copying Trump since
he`s got these high numbers in various areas of trust from Republican

DOWDELL: These numbers are not lost on the Republican Party candidates.
Obviously, they`re poring over this polling every single day. But again,
their problem is that they`re trying to imitate Trump but a big reason why
Trump`s numbers are the way they are is because he`s not a politician.

And so, the fact that Trump is rising in the polls and people say, it`s so
early. But there are some things that you can glean this early. And one
thing that you can glean is the fact that Trump is so popular says more
about the candidates who are running than it does about him. The fact that
people are gravitating to someone like him with no experience, they are
saying really outlandish things, thing that can even be implemented and
show a lack of understanding of government, that says more about the pool,
the state that the party is in.

SHARPTON: Mo, quickly. You know, Trump has been very specific, probably
too specific for moderate Republicans on immigration, but he hasn`t been
that specific on what he`d do about health care. Watch this.


president of the United States, I will send legislation to the Congress to
once and for all repeal Obamacare entirely.

replace the health care law.

WALKER: The first part is just repealing Obamacare entirely.

MARCO: We have to repeal it and replace it with something that gives every
American the opportunity to acquire the health insurance they want.


SHARPTON: Now, here we have Walker and Rubio pounding on health care.
Trump has said we`ve got to repeal and never gave us specifics. And we`re
hearing from them really no specific program other than we must get rid of
it but not answering what are we going to do with 15 million, 16 million

ELLEITHEE: Mark my word, this issue will not come up in the general
election. This is an entirely Republican primary play. This is something
that Republican primary voters want and nobody else wants. The American
people have been incredibly clear in poll after poll after poll, enough.
Fifty-some votes to repeal the affordable care act is too many for most

And so, this is all about primary politics. They`re all trying to show
that they hate Obamacare more than anyone else, to Republican primary
voters. And the day after the primary`s over and the general election
start, no one is going to talk about it. Just like they didn`t talk about
it in the general election of 2014.

SHARPTON: Tara Dowdell and Mo Elleithee, thank you both for your time

DOWDELL: Thank you.

ELLEITHEE: Thank you.

SHARPTON: Coming up, justice files. A senior and prestigious prep school
accused of raping a freshman as part of a shocking contest to rack up
sexual conquests.


UNIDENTIFIED FEMALE: Did you see Owen in the courtroom today?

UNIDENTIFIED FEMALE: Yes, I do. I`m sorry.


SHARPTON: Also, the Obama administration`s new rules to fight pollution
and help the poor. I`ll speak with Gina McCarthy, the woman in charge at
the EPA.

And why is the Clinton campaign warning supporters that there should be
quote "no bed wetting?"


SHARPTON: Coming up, the Obama administration today announcing the first
ever plan to reduce methane emissions. It could have a major impact on
climate change and on low-income communities. I`ll talk to the head of the
EPA next.


SHARPTON: Now to the fight against pollution and the impact on communities
around the country. Today the administration proposed the first ever
nationwide rules aimed at reducing methane emissions. It`s the latest move
in the president`s battle against climate change, and it could have a wide
ranging impact from the environment to economic inequality. People living
in poor urban areas are at higher risk for serious health problems in part
because they`re more likely to be exposed to harmful air and water. The
president talked about it earlier this month.


plan who are actually claiming that this will harm minority and low-income
communities even though climate change hurts those Americans the most, who
are the most vulnerable. Today an African-American child is more than
twice as likely to be hospitalized from asthma. A Latino child is 40
percent more likely to die from asthma. So if you care about low-income
minority communities, start protecting the air that they breathe and stop
trying to rob them of their health care.


SHARPTON: Today`s proposals build on the EPA`s recent rule on carbon
emissions. Already some on the right are pushing back. 17 states led
mainly by Republicans are petitioning to block the carbon emissions rule.
More legal challenges from conservatives are expected. But today it`s
clear the president and the EPA aren`t backing down.

Joining me now is EPA administrator Gina McCarthy.

Thank you, first of all, for being here today.

GINA MCCARTHY, EPA ADMINISTRATOR: Reverend Al, thanks for inviting me.
It`s great to be here.

SHARPTON: You know, before we get to all of that, I want to ask you about
the toxic oil spill, the toxic spill into that Colorado River last week.
The EPA`s inspector general has started an investigation. The cleanup
continues. Are you satisfied with the response and the cleanup efforts so

MCCARTHY: Well, it could always be quicker, but I`m satisfied where we are
now. We have the use of that water back again. We`ve not lost any fish or
wildlife. So we`re working with those communities and we`re making sure we
take responsibility and we do the right thing, al.

SHARPTON: Now, let me go back to our -- the top of what I was talking
about this segment. You heard the president talk about the impact that
climate change has on poor communities. How do the new methane rules fit
into this?

MCCARTHY: Well, the methane rule is part of an overall climate action plan
that the president unveiled and part of the EPA`s action along with our
clean power plan to reduce carbon emissions. And it`s incredibly important
particularly for low income areas and minority areas that we actually
tackle this issue. It is a moral obligation and it`s a social
responsibility for us. The president said it. The Pope agrees. And we`re
taking action that`s going to protect public health in those communities
that are most vulnerable.

You know, Reverend, many people think that climate change is about polar
bears. It`s about the public health and the future of our kids. And the
kids that are most vulnerable are kids in low income and minority
communities that simply cannot stand any more assault on their public
health than they already are facing today. And the actions we`re taking
are going to be direct public health benefits to those communities as well
as an overall effort to develop an international global response to the
challenge on climate change.

SHARPTON: Now "Dateline NBC" did a report on how air quality
disproportionately affects low-income communities. Watch this.


UNIDENTIFIED MALE: I`m standing along an invisible but important
geographical dividing line in Manhattan. Right there is the Upper East
Side. One of the most affluent neighborhoods in New York City. Right over
here is east Harlem, one of the poorest. The two communities couldn`t be
any closer together, yet that well-to-do part of town has a much, much
lower asthma rate.

UNIDENTIFIED MALE: Among children going to elementary school it`s about
seven percent on the Upper East Side and about 19 percent in east Harlem.


SHARPTON: Does more attention need to be paid on the connection between
pollution and inequality?

MCCARTHY: Absolutely. I mean, we`ve been making that connection, but
certainly we have to continue to push. And in particular related to
climate. What climate change does is it increases temperature, which is
going to raise ozone levels. It`s going to increase allergy seasons.

The very asthma that that gentleman was talking about is going to get worse
in those communities if we don`t take action. And the great part about our
clean power plant and the work that the president is spearheading is it`s
not going to just drive down carbon pollution but it`s going to drive down
air pollution in general that is already impacting those kids. And as a
result of the clean power plan alone, in 2030, we are going to avoid 90,000
asthma attacks for our kids and 300,000 lost work and school days. We are
talking about direct health benefits to the very communities that are most
at risk.

SHARPTON: You know, the new rule to reduce methane emissions has broad
support, a recent poll by the American lung association shows 66 percent of
voters support new methane emission standards including 53 percent of


SHARPTON: Why do you think there`s so much pushback from the right then
given these numbers?

MCCARTHY: Well, if you take a look at it, people support it because it`s
the right thing to do. It protects their family`s safety and health, but
it also saves money. All of these rules are going to reduce cost to
consumers. And it`s going to keep us safe and healthy. If you look at the
methane reductions we`re talking about, it`s basically reducing ozone,
which is impacting kids` health as well as addressing climate. If you look
at the clean power plant, it`s doing the same thing.

In 2030, we`re not only going to get those great health reductions in
benefits, but we`re going to reduce the cost to consumers in their
electricity bill, $85 annually. There`s no loser in this equation. The
big loss is if we fail to act.

EPA administrator Gina McCarthy. Thank you so much for your time tonight.

MCCARTHY: Great to be here, Reverend. Thank you.

SHARPTON: Coming up, a rape trial that rocked an elite prep school, and
accusations that students competed to rack up sexual conquests.

Also, Hillary Clinton stands her ground in a tussle with a reporter from
FOX News.


SHARPTON: In the summer of Trump, there`s a different Republican candidate
now making some waves. Carly Fiorina`s star is on the rise after a strong
performance at the under card debate earlier this month. She`s surging in
the polls, jumping into the GOP`s top ten in the latest national survey.
And she`s become known for her blistering attacks on the democratic front-
runner Hillary Clinton.

Recently she wrote quote "I have repeatedly asked Hillary Clinton to name
an accomplishment. She has yet to name one."

So here`s a headline her campaign probably isn`t too thrilled about.
Fiorina on camera praising Hillary Clinton in 2008. But seriously, the
video can`t be that bad, right?


CARLY FIORINA (R), PRESIDENTIAL CANDIDATE: I have such great admiration
and empathy for Hillary Clinton. I have great admiration for her because I
know what it takes in some small measure to do what she has done.


SHARPTON: Well, that certainly is surprising coming from Fiorina, but
maybe she just misspoke.


FIORINA: She is obviously incredibly intelligent, focused, tough,
determined, empathetic of all the tens of millions of people that she was
trying to represent in her quest to become the first woman president of the
United States.


SHARPTON: Let`s just keep watching. There`s got to be a "but" coming up


FIORINA: As a woman, I take great pride in the fact that Hillary Clinton
ran for president.


SHARPTON: Has 2015 Carly Fiorina even met 2008 Carly Fiorina? She must be
dizzy from this 180-degree turn. Nice try. But we got you.


SHARPTON: Time now for "Justice Files." We start with developing news in
a rape trial putting one of the nation`s elite prep schools in the
spotlight. Owen Labrie has pleaded not guilty to raping a 15-year-old girl
while he was a senior last year at St. Paul`s school in New Hampshire. In
an interview with a detective, Labrie talked about a contest involving
senior boys having sex with younger students, but he says the interaction
with the girl had nothing to do with the contest.

Today she testified that it did. And she explained why, after initially
turning down an invitation to meet, she took him up on his offer.


UNIDENTIFIED FEMALE: Eventually, I was thinking, okay, here`s a person who
has paid special attention to me. How nice. It sounds like he`s pretty


SHARPTON: A school statement regarding the purported contest says in part,
current allegations about our culture are not emblematic of our school or

MSNBC`s Jamie Novogrod is live outside the courthouse. Jamie, this accuser
seems to have made a big impact in her testimony today.

JAMIE NOVOGROD, MSNBC CORRESPONDENT: Well, Reverend, so far the case is
really turning now on two things. The first thing is the credibility of
this accuser who was 15 at the time that this alleged rape occurred. And
the second thing is the school culture itself. As you said, this is one of
the country`s most elite schools. It`s a laboratory for our national
leadership, any number of government leaders and business leaders have been
produced by this school. And the boy is accused of raping this young woman
as a part of a campus practice of sexual conquest. The former student says
that he did not have sex with her, as you noted. And he says that he had a
moment of, quote, "divine inspiration," and I`m quoting from an interview
that he did with police in that he said interrupted whatever he was doing
and stopped him from having sex. In the meantime, this is how the accuser
described her relationship with the defendant prior to the event, Reverend.


UNIDENTIFIED FEMALE: Did you receive the senior salute from Owen Labrie?


UNIDENTIFIED FEMALE: Were you familiar with him before you received that
senior salute?

UNIDENTIFIED FEMALE: Only in passing. It was only hellos, no real
conversation really we`ve ever had.

UNIDENTIFIED FEMALE: Did you consider that you were friends?

UNIDENTIFIED FEMALE: Maybe by association, sure.


NOVOGROD: Her testimony ended right about there. It`s expected to resume
tomorrow. Labrie, as you`ve noted, has pled not guilty and we expect to
hear tomorrow from other people who will testify as to the culture on this
campus, Reverend.

SHARPTON: Jamie Novogrod, thank you very much for your time tonight.

NOVOGROD: Thank you.

SHARPTON: I want to turn now to Judge Faith Jenkins and municipal Judge
Eric Guster. Thank you both for being here.


SHARPTON: Faith, how important is the testimony of the accuser in this

JENKINS: It`s crucial in this case. Really, this case will rise and fall
on the testimony of two people, and that is the accuser and the defendant.
And the prosecutor --

SHARPTON: If he testifies.

JENKINS: If he testifies. I think he will.

SHARPTON: He`s not required to.

JENKINS: He`s not required to, but I think he will testify in this case.
And the prosecutors know what they`re up against. This is a young man who
was appointed a dorm leader. He has a stellar academic record. He was a
senior at a prep school and had plans to attend Harvard University. The
prosecutors looked at the jurors in her opening statement and told jurors,
take a look at him. This is not what most people thing a typical rape
accuser looks like. Look at the defendant. They know that`s what they`re
up against. So, this accuser`s credibility is really on the line here.
Now her testimony is also crucial because there`s not a lot of physical
evidence to support that a sexual assault occurred. So her testimony, her
oral testimony about what happened has to be believed in order for there to
be a conviction in this case.

SHARPTON: Eric, how will the allegations about the culture of this
exclusive school play into this case?

ERIC GUSTER, MUNICIPAL JUDGE: The prosecution`s trying to throw in the
culture part to boost their testimony the side of the accused. Now, what
they`re trying to show is there`s this culture of raping girls, of this
senior rite to rape women.

SHARPTON: Sexual conquest.

GUSTER: Sexual conquest. And they`re trying to show that --

SHARPTON: Which the accused has already admitted goes on. He`s just
saying is it didn`t happen in this case.

GUSTER: Yes, he`s admitted that it`s gone on. And that`s where the
prosecution has to be very careful about, not to overstate that part of it
in reference to what happened because when you have an accuser like this,
just like judge faith just said, when you have an accuser and they don`t
have any physical evidence, it`s going to be very difficult to get a
conviction in this particular case because there`s no physical evidence.
You have a stellar defendant, and that makes it much more difficult for the

SHARPTON: Faith, you seem like you want to disagree.

JENKINS: No, because there`s one key piece of evidence. The prosecutor
fought to get this in, the defense fought to keep it out. And that is a
list that the defendant had. And on that list were a number of girls. And
this alleged victim, her name was in all caps on his list. Why is that
important? Because they want to argue this wasn`t just some fly by night
thing that happened. This was planned and premeditated.

SHARPTON: So it was a list of girls?

JENKINS: A list of girls. They fought to keep that out.

GUSTER: They said that the list was not just for sex, though, it was for
holding hands or kissing, not necessarily sexual conquest.

JENKINS: Now that it comes in, they have to make an argument about what
that list means.

GUSTER: Yes, they have to defend the list --

JENKINS: But the prosecutors are arguing --

SHARPTON: Wait a minute. So he had to make a list of who he`s going to
hold hands with and kiss, but doesn`t that also lead to this contest thing
and her name being on the list would then suggest whether or not the rest
were sexual or not, that there was a contest she was included in in his

GUSTER: Yes, and that`s what the defendant is saying. There was a contest
but the sex with this young lady was not part of the contest. It could be
holding hands, walking around a lake --


SHARPTON: So she`s -- to be in the contest but the sex thing was outside.


SHARPTON: Let`s go to another developing story in North Carolina. The
trial of a police officer accused of shooting an unarmed man. Closing
arguments wrapped up today, and jury deliberations are now under way.
Charlotte police officer Randall Kerrick has pleaded not guilty to
voluntary manslaughter in the death of Jonathan Ferrell. Prosecutors say
he shot Ferrell ten times. Ferrell was looking for help after a car
accident two years ago. Carrick says he thought Ferrell was going to take
his gun. You can see the moments right before the shooting in this police
dash cam video.


UNIDENTIFIED OFFICER: Get on the ground! Get on the ground!


UNIDENTIFIED OFFICER: Shots fired, shots fired!

UNIDENTIFIED OFFICER: Don`t move, don`t move, don`t move!


SHARPTON: Today attorneys on both sides left the jury with their final


ADREN HARRIS, PROSECUTOR: He had a litany of options, non-deadly options
at his disposal and he didn`t use them. You know why? Because he
panicked. He abandoned all of his training.

GEORGE LAUGHRUN, DEFENSE ATTORNEY: Your verdict speaks to conscience. You
can find this young man not guilty. Let him go home to his family.

SHARPTON: Eric, we heard about three hours of deliberations. What do you
think the jurors -- is in their minds as they go home tonight?

GUSTER: The last thing the judge told them was to consider what any
reasonable officer would do. And that`s going to be what`s in their minds.
And with this tape coming in, I don`t know if there`s another one as well.
I believe there`s one more that we have not seen. They`re going to put
themselves into the body of that officer and what would a reasonable
officer do in that situation? And did that officer feel reasonably afraid
for his life where he had to shoot? Of course, there are different ways of
escalating a stop such as there`s a baton, there`s a taser, and that`s what
you would use before you get to your handgun. So they`re going to think
about that and see whether or not they can reach that. And it`s going to
be a tough one for the prosecution.

SHARPTON: Faith, this dash cam has been controversial. How do you think
the jury will view it?

JENKINS: Well, with the one question they have to answer here with this
voluntary manslaughter charge, because think about it, the other elements
have been met. We know that Kerrick intended to pull the trigger. We know
that Ferrell died as a result of that. So, the only question remaining is,
was this excessive force? And that`s one thing I think the state did well
in their closing argument, they narrowed this issue down in this case to
one question -- was this excessive force? And how do you answer that
question, what would a reasonable officer do in these circumstances. So,
they`re going to look at that video and look at Jonathan Ferrell`s actions
and say, did this necessitate 12 gunshots. No other officer shot. I mean,
when you have an --

SHARPTON: Does that mean that even if they feel that the first three or
four might have been reacting right and the rest was too much, they can
still convict?

JENKINS: Well, that`s what I was about to say, Rev. Here you have an
unarmed person. And when you have -- he`s been shot ten times, there were
12 gunshots. That`s almost prima facie evidence that someone has
overreacted, right? In the killing of this individual. He was unarmed.
But I can tell you the defense is focusing on the fact that Jonathan
Ferrell ran towards this police officer and that he pulled the trigger.
One other thing I want to say, the state has said, they`re not saying that
this officer is a bad officer but he made a bad decision in that moment
because in that moment it was not in life or death choice. And he chose
death by shooting this guy ten times.

GUSTER: That`s why the prosecution is going to put in that tape to show
Jonathan running towards the officers because we`ve had several situations
of officers` guns being taken and them being beaten up. So, it`s going to
be a tough one --

SHARPTON: Well, let me leave it there. Judge Faith Jenkins, Judge Eric
Guster, thank you both for your time tonight.

JENKINS: Eric, thank you.

SHARPTON: Up next, Hillary Clinton goes toe to toe with a reporter at FOX
News over the e-mail controversy.

And Stevie Wonder`s emotional statement on gun violence at a concert here
in New York City.



doesn`t matter. It doesn`t matter. What difference at this point does it


SHARPTON: Donald Trump hitting hard at Hillary Clinton today. As
Clinton`s campaign is in damage control mode over allegations that she sent
classified e-mails from her private server. This morning Clinton`s camp
sent out a message to her supporters, no bed wetting. Telling them now is
not the time to lose faith in the democratic front-runner. Today Secretary
Clinton says again that she did nothing wrong. In a back and forth with a
reporter from FOX News, it got interesting.


CLINTON: I take responsibility. Look, and I just told Jeff in retrospect,
this didn`t turn out to be convenient at all and I regret that this has
become such a cause celebre, but that does not change the facts. And no
matter what anybody tries to say, the facts are stubborn. What I did was
legally permitted. I know there`s a certain level of, you know, sort of
anxiety or interest in this, but the facts are the facts. First of all,
that is not in any way agreed upon. State Department disagrees. I did not
send classified material and I did not receive any material that was marked
or designated classified, which is the way you know whether something is.


SHARPTON: Joining me now is Marcy Stech from Emily`s List. Thank you for
being here, Marcy.

MARCY STECH, EMILY`S LIST: Great to be here.

SHARPTON: You were at Clinton`s campaign event today. Do her supporters
have reason to be worried?

STECH: Well, look, I couldn`t find a more clear contrast between the
conversations that reporters want to have with Hillary Clinton and the
conversation that voters want to have with Hillary Clinton. Today in this
gymnasium right behind me, there were hundreds of supporters packed in
there. The energy was palpable. They wanted to talk about real issues
that were affecting their daily lives. They wanted to talk about things
like criminal justice reform. They wanted to talk about education. They
wanted to talk about access to equal pay for women. That was the real
conversation that was happening with Hillary Clinton and voters in this
substantive forum. The only people, as she said, who want to talk about
her e-mail are reporters and also their republican field who have nothing
else to run on themselves.

SHARPTON: But we hear that the candidate and the campaign put out to their
supporters no bed wetting. Does that mean that they`re a little concerned
that there is something to be concerned about?

STECH: Well, look, it`s August of 2015. The campaign is just kicking off.
Hillary Clinton`s traveling around to Iowa, New Hampshire, Nevada, to talk
to voters about the issues and the challenges that they`re facing. They`re
running a very substantive campaign that`s focused on everyday Americans.
And I think as people watch this play out, it is clear that there is a
target on her back by Republicans. At every turn they want to try to chase
after shiny objects and think that maybe there`s a new way to take her
down. She leads all Republicans nationally when it comes to the polls
right now.

SHARPTON: But let me stop you right there because while Mrs. Clinton was
reassuring her supporters the Republicans were going after her, watch this
and listen to this.


information going over a server that is against the law and certainly
against the policies of the administration that she serve. That`s a
problem. And the fact that she`s not been forthright in explaining this
situation is also a problem.

frankly, incompetence on her part to not know that this was important
information she needed to protect and to be clear to her staff not to be
sending that information in an open, private server.


SHARPTON: Does she have to do more to put this issue aside?

STECH: Well, look, I listened to that reel that you just played and all I
heard were Republicans who have nothing else to offer. Right now we have
an entire republican field who continues to try to chase after each other
taking one more extreme position after the other, and they have nothing to
offer, which is why they`re going to continue to try to attack Hillary
Clinton in any way they can, whether it`s on e-mails or whether it`s on any
other thing that could possibly try to distract from the fact that they
don`t have anything to offer voters. Meanwhile, Hillary Clinton is having
that substantive conversation on the campaign trail. I felt it today, I
saw it today. There was energy, there was enthusiasm. And there`s no
question that she`s in a strong position to take on this republican field.

SHARPTON: Marcy Stech, thank you so much for your time tonight.

STECH: Great to be here.

SHARPTON: Coming up next, Stevie Wonder performing for a cause. The music
legend takes a stand against gun violence.

But first, 95 years since women gained the right to vote. We have a lot to
celebrate, but there`s still a long way to go.


SHARPTON: It`s a historic day in the fight for equal opportunity. For the
first time, two female soldiers have completed the U.S. Army`s elite
ranger school. They`ll graduate Friday after finishing one of the toughest
courses in the military. The women who have not been named endured 61 days
of grueling training often without sleep. It`s big news, and it comes as
the nation marks an important milestone. On this day in 1920, the 19th
amendment was ratified giving women the right to vote. It was a monumental
achievement of the women`s suffrage movement.

And yet, 95 years later, there`s still a long way to go. Today a report
from the Labor Department showed that in 2012 nearly one in four new
mothers returned to work within two weeks of giving birth. The U.S.
remains the only major country that doesn`t offer paid time off for new
mothers. We have to do better as we celebrate victories in the fight for
equality, we must not lose sight of the road ahead.


CHRIS SINGLETON, SON OF SHARONDA COLEMAN: Love is always stronger than
hate. So, we just love the way my mom would and the hate won`t be anywhere
close to what love is.


SHARPTON: Those were the powerful words from Chris Singleton just 48 hours
after losing his mother Sharonda in the tragic shooting at the Mother
Emanuel Church in Charleston. Chris Singleton is 28 years, a college
sophomore who plays on the baseball team. This week he was on the "Today"
show talking about finding the strength to move forward and about losing
himself in the sport that he loves. That`s when he got a surprise greeting
from the New York Yankees.


UNIDENTIFIED FEMALE: Look who is here with us, Alex Rodriguez, Brent
Gardner and Dallas Montanez here to meet Chris. You recognize these
fellas? He`s like, of course.


SHARPTON: The surprises didn`t stop there. Maybe he took batting practice
at Yankee Stadium hitting a home run. And he threw out the first pitch
with his brother and sister. Singleton says he knows his mother is smiling
down on him. Gun violence is a nationwide problem and it takes all of us
to move forward. We`re seeing that spirit from music legend Stevie Wonder.
The musician held a free concert yesterday in New York City ahead of his
fall tour. It was fun and it had lighter moments but there was also a


STEVIE WONDER, MUSICIAN: Any person that has a gun, it has to be
registered and definitely has to be known when they`re shooting that gun.
You know, I have a thing in my mind called claim the bullet. And you have
a gun and you shoot it and you claim it. Give your name, the fact that you
did. You know, you have to do certain things to own a car, so why not
something that can determine a person`s life or death?


SHARPTON: Gun violence is a serious problem. Already this year there have
been almost 32,000 reported gun violence incidents and more than 8,000
deaths. We must do something about gun violence. We must do something
about hate. When I see this young man Singleton and the families of gun
violence whether because of hate or other reasons, we can`t always stop
people from behaving certain ways, but we can certainly do something about
them not having the means to do something that is hateful and wrong.

Thanks for watching. I`m Al Sharpton. "HARDBALL" starts right now.


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