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PoliticsNation, Friday, November 4, 2011

Guests: Hilda Solis, Nia-Malika Henderson, Jonathan Capehart, Michael
Isikoff, Patrick Flanigan, Wendy Murphy

AL SHARPTON, HOST: Hey, Republicans, we know you can`t lead. Your
extreme base won`t let you follow. So, will you please just get out of the

Do the math -- 80,000 new jobs pushes the unemployment rate slightly
down to 9 percent.




SHARPTON: Just think how many jobs could come if Republicans stop
playing games like this.


REP. ERIC CANTOR (R-VA), MINORITY LEADER: Please join us and bring
these measures to the floor for an up or down vote.


SHARPTON: Like the three jobs bills you`ve already filibustered
Congressman Cantor won`t.

Tonight, Labor Secretary Hilda Solis on the Republicans flunking the
jobs test.


brother from another mother -- and proud of it.


SHARPTON: Herman Cain rolls all in with the billionaire Koch
brothers. But can even they save his campaign?

Michael Isikoff on the investigation, Jonathan Capehart on the


UNIDENTIFIED MALE: In my mind, I haven`t done anything wrong.


SHARPTON: A Texas judge caught on camera viciously beating his
daughter. But he`s still on the bench? Tonight, I`m asking why?

POLITICS NATION starts right now.


SHARPTON: Welcome to POLITICS NATION. I`m Al Sharpton.

Tonight`s lead: the economy`s making progress, but can you imagine
where it would be without Republican road blocks?

Today, we learned the unemployment rate dropped to a six month low of
9 percent, 80,000 jobs were created. There`s still a long way to go. But
it is progress.

This graphic shows private sector job growth. The blue lines
represent President Obama`s time in office. As you can clearly see, the
economy stopped shedding jobs and started adding them when he took office.

Now, we`ve had private sector job growth for 20 straight months. And
what makes this remarkable is how unprecedented the roadblocks have been.

House Republicans refuse to even put the president`s jobs bill up for
a vote. Apparently 1.9 million jobs don`t deserve the time of day. But
Republican bills to kill the EPA and drop regulations, well, Eric Cantor
demands action now.


CANTOR: So please, Harry Reid, just allow these votes, he`s bills an
up or down vote in the senate so the people can see that Washington is
actually working for their interests and to create jobs.


SHARPTON: An up or down vote some can you imagine what this man is
talking about? He wants a simple majority vote on Republican House bills?
Republicans in the Senate wouldn`t even allow a debate, never mind a vote
on the American Jobs Act, or on jobs for teachers and firefighters, or on
jobs to rebuild our roads and bridges.

If you think that`s appalling, just listen to what Speaker Boehner
said. Now, he really takes the cake.


unacceptable for the White House to be anything less than 100 percent
engaged in the legislative process.


SHARPTON: You call this White House not engaged?


OBAMA: We`ve got to invest in new roads and bridges and airports and
wireless infrastructure and a smart grid.

Steps to help responsible homeowners refinance and take advantage of
low mortgage rates.

We should be doing everything we can to put a college education within
reach for every American.

It`s time to put country ahead of party. It`s time to put the next
generation ahead of the next election.


SHARPTON: Joining me now is Secretary Hilda Solis, United States
secretary of labor.

Secretary Solis, thanks for coming on the show.

HILDA SOLIS, SECRETARY OF LABOR: Thank you, Reverend. It`s good to
see you.

SHARPTON: Good to see you.

Let me ask you -- Republicans claim President Obama is not engaged.
Are they serious?

SOLIS: Well, I`ll tell you that we are engaged and today`s jobs
report shows we`re so a steady pattern of growth. And if you look back
this year when we started, we`ve already added a million jobs. And in a
20-month period, we`ve added 2.8 million private sector jobs.

And the good news for some of our communities, and Reverend, you and I
know this, is that the African-American population in terms of unemployment
has actually gone down. So we`re actually finding that folks are getting

But we need to do better, but the good news is that for the first time
in a long time, we`re seeing people are actually looking for jobs and
finding jobs, across the board with the exception of the public sector,
right, and also teaching. And those were two bills in the jobs packet that
the president put forward and the Republicans voted him down in the Senate.
This would have helped to revive and put those people back, you know, into
jobs that they sorely need around our country.

SHARPTON: I know a lot of people like the political gossip, but I
don`t think anything is more important than jobs. And I think we have a
long way to go. I`m certainly not satisfied, I don`t think you are either.


SHARPTON: But I think that we are headed in the right direction and
can you imagine where we would be if we didn`t have all these roadblocks.
And I think that`s what we`ve got to really talk about. The fact is that
this week, the Senate Democrats, I believe later this coming week, they
expect to unveil another jobs bill.

However, this is interesting, this one will not include a surtax on
millionaires. So we`re going to see where the Republicans go this time.
This is about veterans. This is the Vow to Hire Heroes Act of 2011. Tax
credit for companies that hire work for veterans, no surtax on

So if they vote this down, then I give up. It`s like they don`t care
what this president tries to do -- it`s no, no, no, even on veterans.

SOLIS: Well, you know, Reverend, we`re coming up close to Veterans
Day. And we`re going to be unveiling some really good proposals to help
veterans out. And one of them obviously is making sure that those veterans
that come home, many that are going to be here by around the time Christmas
comes, are going to be looking for jobs. And many of them as we know right
now have the highest rate of unemployment, especially the young ones
because many of them signed up right after high school and they don`t have
any work experience.

So we have to open up jobs. One way to do it is by giving tax credits
to businesses, to hire them up around $4,300. And then it if they`re a
disabled veteran, that credit goes up to about $9,600. So it`s a win/win
for them, it`s a win/win for businesses, and it`s a win/win to show our
patriotism to these soldiers.

SHARPTON: Now, let me -- so the public will understand, when I showed
Mr. Cantor saying he wanted an up and down vote in the Senate on the House
Republican bills, let me show people what those bills mean, because he`s
saying these are job creation bills. The Senate ought to vote up and down
even though they wouldn`t give up and down vote on the vote yesterday on
infrastructure, on a vote on jobs for the fireman and police and teachers.
He want this is on these House GOP bills.

And let me show you what they will do, those bills will delay EPA
rules on harmful emissions, delay current and pending federal regulations,
require congressional approval for new regulations. It`s not a jobs bill,
it`s a deregulation and a dismantle EPA bill.

SOLIS: Well, it would also impact in many ways some of the things
that we do at the Department of Labor, which is to provide safety and
protection for workers. And that to me is actually a job creator because
if you have people who can go to work, show up and not get hurt, they don`t
end up in the trauma center or faced with fatalities and injury, that`s the
last thing we need right now in this bad economy.

We should be protecting our workers and regulations that help provide
a level playing field for businesses. That`s what this is about.

SHARPTON: And see what I just read, this was all in the Senate bill
as the alternative to the jobs bill that they voted down yesterday, but it
comes out of the jobs bill things that Mr. Cantor wants a vote on up or
down. Now, one of the things that really concerns me, we`re now in
November. If there is no vote, Secretary Solis, we`re looking at people
that will run out of their unemployment checks during the holidays this
year. Is that right?

SOLIS: Right. Yes.

SHARPTON: How many people would be affected by this?

SOLIS: We`re talking about 1.2 million people that will lose their
benefits come Christmas. And next year, if we do not do anything, 6
million people.

And don`t just look at the person who draws down the check. It`s also
their families. But in addition, that money gets spent right away and it
is stimulator. It actually helps to create more jobs in our community. So
that will have a devastating effect across America.

SHARPTON: So, let me get this right, I know we have to go -- 1.2
million people may lose their unemployment checks by Christmas, which
impacts, of course, their families, impacts the businesses that they shop,
and 6 million next year if we can`t get some of these bills passed.

SOLIS: And we will have a stubbornly high unemployment rate that will
go up because of that factor. So we need to do something now. We should
do it. We know it works.

We did it last year around this time in December. And look what
happened. We saw job growth the beginning of this year.

SHARTON: Well, we`re going keep the pressure on. People are out
there already advertising Christmas sales. What about having your
unemployment checks that people are -- have invested in? We`re not talk
about handouts here.

SOLIS: They have earned that.

SHARPTON: We`re talking about people getting what they earned and
they`re playing games, partisan politics.

SOLIS: And people lost their jobs through no fault of their own and
some people have been out of work for more than six months. And now, we`re
even seeing traces of people over the age of 50 who are being discriminated
against by employers who don`t want to even bother to look at their
applications. That`s just wrong.

SHARPTON: These are not people who are lazy. These are not people
that have been irresponsible. They were working. They were laid off.

We`re going to stay after them, Secretary Hilda Solis. Thanks for
coming on the show. Have a great weekend.

SOLIS: Thank you, Reverend.

SHARPTON: Ahead, Herman Cain tries to escape the scandal by heading
in to friendly territory. A Koch brothers summit in D.C. He got a hero`s


CAIN: I am the Koch brothers brother from another mother. Yes. I`m
their brother from another mother.


SHARPTON: Plus, Willard shows today that he`s 100 percent on board
when it comes to protecting the 1 percent.

And a Texas judge may keep his job despite this horrific videotaped
beating of his daughter. Is this justice? We`ll talk about it.

We`ll be right back.


SHARPTON: Willard "Mitt" Romney says corporations are people. So no
wonder his economic plan is all about tax cuts for the rich. That`s next.


SHARPTON: We`re back to talk about Republican economics. As I like
to say, it`s where corporations are people. And real people don`t matter,
unless they`re rich. Today, Mitt Romney rolled out his plan and more of
his economic plan. He`s serving red meat to the Tea Party and calling for
cuts to -- well, just about everything.


the Arts, the National Endowment for the Humanity, the Corporation for
Public Broadcasting, Amtrak -- the easiest cut of all, I will repeal
Obamacare. Groups like Planned Parenthood.


SHARPTON: That`s right. Romney wants you to believe Planned
Parenthood is bringing down the economy. He`s also taking a step toward
Paul Ryan`s plan to destroy Medicare as we know it, by proposing a private
insurance option for Medicare.

But wait. There`s more. Willard also wants to extend the Bush tax
cuts for the wealthy, slash taxes on corporations, and eliminate estate
tax, almost all of which are paid by the very rich. But don`t worry,
Willard is doing all of this to help the people.


ROMNEY: Someone said why don`t you just raise taxes on corporations.
I said don`t you understand, corporations are people?


SHARPTON: Joining me now is Richard Wolffe, MSNBC political analyst
and Nia-Malika Henderson, political reporter for "The Washington Post."
Thank you both for being here tonight.


SHARPTON: Richard, looked like -- to me, it looks like Willard is
joining the Tea Party cut, cut, cut crowd. What do you make of it?

WOLFFE: Well, clearly, you know, what he was talking about is trying
to fool them when he`s one of them when they really don`t believe that`s
the case -- but more kind of worrying that his pitch to the Tea Party for
me is this notion that he`s serious about deficits, serious about the

And the list of cuts he came up with would not pass the laugh test
among the nation`s rating agencies who themselves are a bit of a joke. But
really you want to have a hearing where these kinds of ideas, cutting the
arts funding, cutting public broadcasting, and you want experts to tell you
just how serious an impact that will be on the deficit this country faces
because it`s minimal. It really doesn`t go anywhere. It is just pure

The Medicare he gets in to, interestingly enough he thinks taking down
the president`s health care reform is going to save money. Actually the
health care bill itself saves hundreds of billions of dollars in things
like Medicare costs.

So I don`t know if he really understands what he`s trying to repeal.

SHARPTON: Well, it amazes me, Nia, because a side from the fact that
I disagree with the cuts, it really doesn`t address the deficit at all as
Richard is saying. It reminds me, I was at a restaurant one night and a
lady ate a whole pie and then had coffee with sweet and low. She was only
playing with herself, it really wasn`t a diet.

But when you look at not only would not any of those that are involved
in the economy see it seriously, how is he going to sell it to the voters?
Look at this anti-Romney ad from a pro-Obama PAC that they`re running and
tell me how voters are going to look at what he`s proposing and how they
will respond when they see ads like this.


UNIDENTIFIED MALE: Upper income, Wall Street, Romney.

ROMNEY: Don`t try to stop the foreclosure process. Let it hit the

Let them go bankrupt. Bankrupt.

UNIDENTIFIED MALE: When you were governor, Massachusetts ranked 47th
in job growth.


SHARPTON: How do you run, Nia, on let`s cut NPR, let`s cut Planned
Parenthood and you have footage of them saying let it all go, foreclose on
the house, we`ll take it later.

How do you run? How do you appeal to voters with this kind of
damaging economic theories and economic policies really that he`s

difficult. And the clips you just showed, whether it`s him saying that
corporations are people or talking about letting the process of
foreclosures take its course, let the business cycle take their course.
We`re going to hear those in ads over and over and over again. I think you
saw Mitt Romney here playing to go a really small crowd, the Tea Party
crowd, and a crowd that doesn`t even particularly like him very much, if
you saw his reception, versus the reception that Herman Cain got. Very,
very different.

I think one of the things that`s so problematic about his speech today
is that he is tinkering around the edges, talking about cutting the funding
for Big Bird and NPR, and programs like that. But not even talking about
defense. The defense budget is something like $600 billion a year and no
mention of that at all.

And one of the realities is even among some Republicans, there is talk
about wanting to trim the defense budget, we`re rolling back obviously
coming out of Iraq before the year is up.

So there will be some savings there. But it is a real unrealistic and
not holistic approach to looking he budget in any way.

SHARPTON: But, Richard, one thing that is realistic to them that is
solid, if their proposals got through both Mr. Romney`s and Mr. Cain, look
how the rich would save. Millionaires according to Cain`s plan would
average saving $455,000. Perry`s plan, $510,000.

So, even though they`re playing to the Tea Party, they`re really
servicing millionaires and separate rich.

WOLFFE: Right. Look, if that`s their ideology, it`s fine. I just
think voters -- A, you look at the polls and obviously raising taxes on the
millionaires and billionaires is overwhelmingly popular, with independents
and Republicans, too. But even if he set that aside, it really is a kind
of surrender to market forces. This is giving up and saying we have no
ideas. We`re just going to repeat what happened in the 2000s and that
created all of 1 million jobs through the local of the Bush term, two

So, you know, it`s fine for the ideology, but don`t pretend like
that`s a way to get jobs or to deal with what the American voter wants
right now.

SHARPTON: Now, Nia, how does this whole flat tax political policy
that is now become orthodoxy in the Republican Party, that I remember when
Forbes came out with it, it was fringe. Now, it`s become their mainstay of
all of their mainstream candidates at least in the Republican side. Can
they run against President Obama with this?

HENDERSON: It`s hard to say. Like you said, this has moved from the
fringe to the center. You see Rick Perry walking around with that index
card and there`s something that Dick Armey would did, as well, when he was
in the Congress and, of course, he`s the granddaddy of the Tea Party crowd
in many ways.

But I mean, I think the reality of the flat tax, and this is why it`s
so surprising that Herman Cain and Rick Perry are still doing so well, it
actually raises taxes. It raises taxes for middle Americans. It lowers
taxes for upper income Americans.

So, it`s surprising to me that there is still this rally around the
flat tax. I don`t know if folks are really paying attention at this point
to what it would mean for their bottom lines. But it would certainly mean
a tax hike for people who spend money at the grocery store and on consumer
goods. It would certainly mean that they have a bigger tax burden.

I think one of the things, obviously, is that people want to simplify
tax code and that`s why you see folks on the Hill talking about simplifying
the tax code now.

But this idea that you can just have a flat tax, not only is it
unrealistic in terms of what it would do for revenue, but it`s unrealistic
to push for given that it`s very unlikely that it would pass any Congress
if any of these guys got into the White House.

SHARPTON: Richard Wolffe and Nia-Malika Henderson, thanks to both of
you and have a great weekend.

Let me say this: we as a nation need to deal clearly and squarely with
jobs, with unemployment, with the whole question of inequality in terms of
income in this country.

The Republicans, the right wing, need to stop playing with the
American people. We are not your toys. Stop playing and get serious about
providing jobs.

All of this political brinkmanship in Washington needs to stop. We`re
heading in to the end of the year, the holiday season. People are about to
lose their unemployment insurance. People are unemployed. People are
getting ready to go through the cold of winter not knowing where their
future is.

This is not about you up in one side or the other. This is about who
really cares about the American people. Stop the game playing.

Ahead, another bombshell drops for the Cain campaign. This one is all
about the money.

And the shocking video everyone`s talking about. A Texas judge caught
on tape beating his daughter. Is it a private matter? Should he be

Stay with us.


SHARPTON: More Herman Cain news is breaking today. He made a big
public appearance that we`ll show you.

One new piece of information really got my attention today. We
learned the settlement agreement between the National Restaurant
Association and a woman who accused Cain of sexual harassment was reached
in September of 1999. September of 1999 is also known as 9-9-9 for the
month and the year. Hmm.


CAIN: And then we pass 9-9-9.

It`s called 9-9-9.

First of all, 9-9-9.

We put in 9-9-9.


SHARPTON: Odd coincidence. I bet that`s one 9-9-9 Cain wishes we`d
forget about. More on Cain`s public embrace of the Koch brothers. That`s


SHARPTON: Welcome back to POLITICS NATION. Herman Cain is determined
to move on and forget about the sexual harassment scandal rocking his
campaign. Today, he made a very public appearance at the American dream
summit hosted by the Americans for Prosperity. The organization funded by
billionaires Charles and David Koch. Check out the response he got.


UNIDENTIFIED MAN: He`s a successful business leader and he hails from
the Great state of Georgia. Please welcome Herman Cain.


Delighted to be here. Love you all.


SHARPTON: He received a standing ovation from the Tea Party crowd.
Then came this.


CAIN: I`m proud to know the Koch Brothers. I`m very proud to know
the Koch Brothers. This may be a breaking news announcement for the media.
I am the Koch Brothers brother from another mother. Yes. I`m their
brother from another mother. And proud of it.


SHARPTON: That line really says it all. And the links between the
Kochs and the campaign are stunning. Mark Block, the smoking campaign
manager we all know about now was once a chapter president for Americans
for Prosperity in Wisconsin. Working directly with the Kochs. And the
architect of Cain`s 9-9-9 plan is on the board of advisers of Americans for
Prosperity. But just hours before saying this.


CAIN: I am the Koch Brothers brother from another mother.


SHARPTON: Comes this exclusive report saying, Cain may have broken
campaign finance laws illegally using nonprofit money tied to the Koch
Brothers organization for things like iPads and charter flights.

Joining me now is Michael Isikoff, national investigative
correspondent for NBC News. He broke the story today. And Jonathan
Capehart, editorial writer for "The Washington Post" and an MSNBC News
contributor. Thank you both for being here. We`ll get to the
investigation in a minute, but first, Joel Bennett, the attorney for one of
Herman Cain`s accusers, came out late this afternoon. Take a look at what
he had to say.


complaint she made. She has decided not to relive the specifics of the
incident, so I can not give any further detail.

Mr. Cain knows the specific incidents that were alleged. My client
filed a written complaint in 1999 against him specifically and it had very
specific incidents in it. And if he chooses to not remember or not
acknowledge those, that`s his issue.


SHARPTON: Jonathan, does the scandal in here after that statement?

it goes on because now we know that one of the two people who were reported
on in Politico, there`s not just one incident that led her to complain.
But several incidents. That`s one thing. And the second thing is, and you
didn`t play this part of the end of his press conference when he said that,
you know, if the media wants to print her name, they can do that if they
want to. I think once they do that and once we start seeing pictures of
who she is and maybe who some of the other women are, it`s going -- I think
it`s going to create a firestorm and one that Herman Cain will not be able
to talk his way out of, or at least try to.

SHARPTON: Now, the Cain people, some supporters of Cain, have put out
a new ad which plays up this whole lynching idea, an angle comparison to
Clarence Thomas and features me. Look at this.


UNIDENTIFIED MAN: I think he needs to get off the symbolic crack

UNIDENTIFIED MAN: So, I would only assume that he is either socially
ignorant or playing games to get votes.

UNIDENTIFIED MAN: And it`s very hard to comment on somebody who is so
denied intelligence.

UNIDENTIFIED MAN: This is a circus. It`s a national disgrace. It is
a high tech lynching for uppity blacks who in any way deign to think for
themselves. And it is a message that unless you kowtow to an old order,
you will be lynched, destroyed, caricatured rather than hung from a tree.


SHARPTON: Don`t let the left do it again and all of us are part of a
high tech lynching of an uppity black. Who is the brother of the Koch
Brothers who among other things are helping to finance the voter I.D.
fights and some very questionable in my opinion anti-voter rights, anti-
civil rights movements around the country. Jonathan, how can Mr. Cain have
it both ways?

CAPEHART: Well, I mean, among republican primary voters, clearly he
can have it both ways because the scandal so far according to our poll
today hasn`t affected him at all. It hasn`t affected his fund-raising. In
fact it`s helped his fund-raising. He`s raised more than I think $1.5
million if that figure hasn`t gone up since the last time I checked. This
hasn`t affected him. Now, let`s say in the unlikely event that he becomes
the republican nominee for president, all the things we`re talking about
now will not play extremely well at all in a general election particularly
with those independent voters who actually end up deciding presidential

SHARPTON: Now, Michael, let me ask you, you came with a report today,
the Koch Brothers and the politics they represent is extremely right wing
and has been questioned clearly by many of us. But there is direct
connection here not only on the financial angle, but that some of these
people that are involved in the campaign of Mr. Cain has actually worked
with, before them and there`s direct links between the Koch Brothers and
the Cain campaign managers and senior advisers.

Mark Block who is the Cain campaign manager was as I think you pointed out
in the introduction the executive director for Americans for Prosperity in
Wisconsin. Americans Prosperity is the Koch Brothers founded and funded
organization that has helped spur the emergence of the Tea Party among
other conservative causes it`s promoted. But what specifically got the --
led to the complaint today that was filed with the federal election
commission is some documents that were obtained by the Milwaukee journal
sentinel and put on the web or earlier this week that show that a nonprofit
group that was founded by Mark Block and headed by them -- him had expended
funds about $40,000 for the payment of iPads and campaign travel by Herman

The problem is that nonprofit groups are barred by law from
participating in -- from funding presidential campaigns. You can`t do
that. And if you look at the documents, there are multiple references to
Americans for Prosperity and the Koch Brothers themselves in the documents
indicating that at least appear to suggest that Americans for Prosperity
money may have gone to the nonprofit that then helped pay for the initial
expenses of the Cain presidential campaign.

SHARPTON: What would be the political motive of the Koch Brothers?
Are they supporting Cain for president, are they using his campaign to push
their ideology? What do you think would be their motive?

ISIKOFF: Well, I mean, clearly, look, I mean, clearly Mark Block was
their guy in Wisconsin. There was no secret about that. And Herman Cain
as we`ve seen today has that closer relationship with the Koch Brothers
than we knew before, although it`s not something he`s hid. He`s talked
about it in the past. And so, there is an affinity of interest there among
the three of them. I don`t think on its face that`s necessarily nefarious,
but when the money flow, when the funding trail goes through nonprofits to
a political campaign, that`s something that is barred by law that is --
that does spur investigations and that`s what led to the complaint today.

SHARPTON: Michael Isikoff, and Jonathan Capehart, thanks for joining

Ahead, the viral video that shocked the nation. The judge seen
beating his daughter turns out he may keep his job. Is this justice?

And a verdict in the Jackson trial could come at any moment. My take
on the fight for justice.


SHARPTON: We`re back with a story that a lot of people are talking
about. Texas County Judge William Adams may keep his job despite a
shocking video showing him beating his 16-year-old daughter who suffers
from cerebral palsy. That video has been viewed more than four million
times since she posted it on YouTube. Judge Adams has presided over child
abuse cases for the last ten years. But this disturbing video from 2004 is
raising questions about whether he`s fit to serve. But this disturbing
video from 2004 is raising questions about whether he`s fit to serve. Just


JUDGE WILLIAM ADAMS, TEXAS COUNTY: Bend over the bed. Bend over the

UNIDENTIFIED GIRL: Stop, stop, stop!

ADAMS: Bend over the bed or I`ll keep beating your legs. Bend over
the bed. Stand up.


ADAMS: Bend over the (BLEEP) bed!



SHARPTON: Adams hits his daughter 17 times during the seven-and-a-
half minute video yelling insults throughout. It`s appalling but the
district attorney now says, he will not pursue criminal charges because the
statute of limitations has expired. But we learn today that a federal
prosecutor is now looking into the beating. And while the judge is on paid
leave today, his future on the bench is still up in the air. With behavior
like this, is he really fit to pass judgment on others especially in child
abuse cases?

Joining me now on the phone Patrick Flanigan, district attorney for
Arkansas County, Texas. Mr. Flanigan, thank you for your time this

phone): Thank you for having me.

SHARPTON: Can you explain a bit more about why you`re not pursuing
criminal charges in this case?

FLANIGAN: Well, criminal charges -- state criminal charges are not
being pursued because we can`t. Because of the time frame when this
happened, as depicted on the video, confirming that all of this happened
back in 2004 and determining for sure what the age of the child was at that
time, determining what potential charges may be appropriate for the
incident that`s shown on the video, none of the charges that we looked at
and thought that in any realm could be possible were still viable because
of the statute of limitations.

SHARPTON: Now, even that would cover the statute of limitations that
are ten years for disabled child because she had cerebral palsy?

FLANIGAN: Actually, the statute of limitations for injury to a
disabled individual is five years.

SHARPTON: Is five years. So that wouldn`t even cover it.


SHARPTON: So, would all possible scenarios that you looked at, you
found that there was no way he could be prosecuted because of the statute
of limitations.

FLANIGAN: We looked at injury to a child, which under the statutes in
Texas would not apply to her because she was over the age of 15. Because
of the statute of limitations additionally for that offense because of the
statute of limitations for the injuries that were inflicted, even if she
qualified as a disabled individual, statute of limitations was not
available for that. Looked at family violence. Looked at misdemeanor
assault. All of the offenses were clearly not viable because of the
statute of limitations unfortunately.

SHARPTON: I mean, when you look at this tape and you look at the fact
that he sits on cases of child abuse, is this frustrating to you that
there`s nothing you could do?

FLANIGAN: I feel let down just like the dozens of people that I`ve
talked to yesterday and today that, you know, there`s nothing that I have
available to bring this to court for whatever resolution that there might

SHARPTON: District Attorney Flanigan, thank you for your time

FLANIGAN: You`re welcome.

SHARPTON: Now, I`m joined by legal expert Wendy Murphy, former child
abuse and sex crimes prosecutor. Wendy, do you think justice has been
served here?

know, the question is, he fit to sit on a bench. I think goes without
saying. I don`t think he`s fit to walk around free in civilized society.
And due respect to the district attorney, you know, what I didn`t hear him
say was, we spoke with the victim and asked her about incidents that
occurred beforehand and after the fact, which should have happened because
she did reveal in subsequent interviews that this was a pervasive problem
in her home. And had he spoken to her, he might have learned that there
was abuse at a time when she was under the age of 15, which would still be
prosecutable under the statute of limitations. And also there may well
have been subsequent events that fall under the shorter limitation period.

So, I think he`s not being entirely honest with the public and he
should be held to account. I hope folks ask him those tough questions. I
will say that I`m glad the feds are looking at this even though I`m not
sure they have a very strong case, but interestingly enough, the U.S.
attorney`s office could pursue charges here for what`s called color of law
crimes. If a person in this case a judge who is a government actor acting
under color of law commits an offense that violates an individual`s
constitutional rights, and certainly, you know, she could make a very
strong argument that her -- all sorts of rights protected by the
constitution were violated by that beating, then he could be subject to
federal prosecution. So, here I think we`re talking about a political
decision to protect this judge from prosecution. That`s how I hear, the
district attorney`s excuse.

SHARPTON: So, this question then -- I wish you`d come up first
because I certainly would have loved to ask those tough questions you just
gave us. But let me ask you a question. How do we get him off the bench?
The Feds may move and in my opinion they should. In my opinion the
district attorney should have to deal with the questions you raised. But
how do we get this man off the bench, how can he sit there and judge child
abuse cases when the whole world see what is he`s done to his own child?

MURPHY: You know, I hope that two things happen. Number one, he is
never reelected. They are elected judges in Texas. So, he certainly
doesn`t deserve to be reelected. He does have some time left on the bench.
But you know, if I were in that area, I would launch a protest. And I
would forget Occupy Wall Street. Occupy that courthouse and stand outside
that courthouse and shame him until he steps down if that`s what it takes.
You know, it`s not easy to get rid of a judge.

SHARPTON: So, the only way to get rid of a judge in Texas is by
forcing his resignation, there`s no board to go to, there`s no review

MURPHY: Well, I think the legislature might be able to take some
action against him, you know, impeach him, if you will. But why wait
around? I mean, this man is dangerous. Dangerous to children, dangerous
to women. He was reportedly also abusive to his wife. He`s making
judgments in these kinds of cases. He should not be sitting in judgment of
any human being when he can`t behave like a decent human being himself.
I`m saying that we could wait for some kind of impeachment process. We
could wait for the re-election process. But why? Why not protests outside
their courthouse and shame him in just stepping down.

SHARPTON: You don`t have to convince me about protesting and
certainly this warrants one. And if I was in that courthouse and had to
face him, I`d refuse to be tried by a man that clearly has a, let`s say,
biased view of what abuse is. Wendy Murphy, thanks for coming on the show

Still ahead, my thoughts on the first day of jury deliberations in the
manslaughter trial of Michael Jackson`s Dr. Conrad Murray. We`ll be right


SHARPTON: Deliberations are underway in the manslaughter trial of
Michael Jackson`s Dr. Conrad Murray. Jurors could reach a verdict at any
time. Right now, the Jackson family is on edge waiting for that verdict.
This morning, La Toya tweeted. "It`s 4:30 a.m., I can`t sleep wondering how
the jurors will deliberate." After Jackson`s death, Dr. Murray claimed he
felt like he lost his best friend, but the Jackson family has a very
different view of that relationship.


UNIDENTIFIED MAN: First time, I thought Dr. Murray was in the
hospital when I got the news that Michael had passed. And I didn`t know
who he was when he walked in, but I noticed his behavior.

UNIDENTIFIED MAN: How did he act?

UNIDENTIFIED MAN: He was doing this -- and he was looking around.
And I said something`s wrong.


SHARPTON: Something was definitely wrong. Prosecutors say, Dr.
Murray left Jackson alone after giving him dangerous drugs. He then
allegedly delayed calling 911 and failed to give paramedics key information
about his health.


Paris and blanket without a father. They do not have a father because of
the actions of Conrad Murray.


SHARPTON: I am not one that does not have a view. I preached Michael
Jackson`s eulogy out of his burial, I spoke at his memorial. And I
considered Michael Jackson a genius. Did he have faults? Did he have
flaws? Michael Jackson was not on trial. The question is Dr. Murray who
was paid handsomely and who has an oath as a doctor, cannot use whatever
alleged faults or flaws that I may or may not believe of his patient to
cover whether he lived up to his obligation and whether he broke the law.
They cannot try a man who is gone. They cannot let us children go through
life saying, it`s your father`s fault that a doctor did not stand up and do
what a doctor should have done. That`s what a jury must decide. Let`s
not confuse who is on trial and who ought to be found guilty or not.

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


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