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PoliticsNation, Friday, May 16th, 2014

Read the transcript from the Friday show

May 16, 2014

Guest: Alan Grayson; Eleanor Holmes-Norton, Eric Guster, Faith Jenkins,
Terrance Moore, K.W. Tulloss

REVEREND AL SHARPTON, MSNBC ANCHOR: Thanks to you for tuning in. I`m live
tonight from Los Angeles.

Tonight`s lead, the greatest no show on earth. For months, months, far
right extremists have been promising a giant rally in Washington. Their
goal, kick President Obama out of office. Here`s what organizers expect.


UNIDENTIFIED MALE: We`re intending to field about 10 million to 20 million
people in Washington, D.C. and with we`re going to close it down.

UNIDENTIFIED MALE: But wait a minute, that`s why we have elections.

UNIDENTIFIED MALE: We`re going to circulate, clear out into Maryland and

UNIDENTIFIED MALE: You`re predicting 10 million people will be doing this?



SHARPTON: Ten million people. Really? And what, pray tell, were those 10
million people going to be protesting?


UNIDENTIFIED MALE: When Barack Obama became the White House occupant we
saw the constitution being destroyed and ignored at nearly the speed of
light. At the rate that Obama is taking us, we`re going to be down into a
socialist, fascist, communist, Marxist, some kind of a dictatorial,
tyrannical system at the end of his administration if we don`t do something
now, right now to turn this around.


SHARPTON: Oh, right, just your average massive protest against a
socialist, fascist, communist, Marxist president.

But that prediction of 10 million marchers, they came up just a little bit
short. About 200 people showed up today to rally against the president.
That`s right. Two hundred instead of 10 million. A marcher told the
Washington times, quote, "it`s a very dismal turnout. This is a very poor
turnout. It isn`t no millions. Millions or not, the talk was just as
extreme as you would expect.


UNIDENTIFIED MALE: Actually, our constitution has been destroyed, being
destroyed over many decades. Over the last six years it`s taken on
exponential speed and we`re going down the tube. We`re going into the
abyss under Barack Obama. We know we`re under a dictator.


UNIDENTIFIED MALE: Come on, everybody. Say it loud, say it proud!
Impeach Obama! Impeach Obama! Impeach Obama!


SHARPTON: Calling the president a dictator, saying he`s destroying the
constitution, even calling for impeachment. Where have we heard this


REP. MICHELE BACHMANN (R), MINNESOTA: He has rewritten the constitution
for himself as a part of his effort to fundamentally transform the United
States of America.

SEN. TED CRUZ (R), TEXAS: One of the most disturbing aspects of the Obama
presidency is the willingness of this president to disregard the law, to
ignore the law. A president under a constitutional system doesn`t have the
ability to pick and choose which laws to follow, and that`s the same
pattern you see in dictatorial society.

REP. BLAKE FARENTHOLD (R), TEXAS: If we were to impeach the president
tomorrow, you could probably get the house in the House of Representatives
to do it.


SHARPTON: These are elected officials, swearing the president by accusing
-- swearing and smearing him really, by accusing him of being a dictator,
of ignoring the constitution, and talking about impeachment.

Only a few hundred far right extremists showed up at that rally today, but
their ugly rhetoric about the president, that`s already spread to the halls
of congress.

Joining me now, Congressman Alan Grayson, Democrat of Louisiana and Angela

Thank you both for being here.


SHARPTON: Congressman, you`ve been fighting these guys for a while. But
even by their standards, this was embarrassing.

REP. ALAN GRAYSON (D), LOUISIANA: I agree, listen, they hate the
president. It`s that simple. They hate the first African-American
president. They are never going to change. What also will never change is
that utter detachment from the mood of the public.

The public wants us to concentrate on jobs, on benefits, on pensions, on
education, on health care, on housing. And they want to concentrate on
fast and furious and they want to concentrate on Benghazi and any other
non-scandal that they can try to rev up. They`re completely, totally out
of touch and it ultimately, the public and the voters will punish them for

SHARPTON: Angela, you know, some of these attacks on the president are so
personal. I mean, listen to what they said at that rally today.


UNIDENTIFIED MALE: Get rid of that tyrant in the White House!

UNIDENTIFIED FEMALE: I`m out here to help tried to get rid of Obama.
Obama is not eligible to be president. He`s not a natural born citizen.


SHARPTON: See, Angela, people saying the president is not a citizen. I
mean, what kind of impact does it have on people when we keep hearing that,
even from some of mainstream Republicans or so-called mainstream and even
elected officials?

ANGELA RYE, POLITICAL STRATEGIST: Well, I think the general American
electorate at large, Rev., is tired of hearing that kind of vitriolic
speech. It`s not true. He jokes about it at the correspondent dinner,
perhaps they think that means it`s real, but it is not. And I think it is
unfortunate that there were so many people that went out in large parts to
elect a Congress that would be this divisive and practice protest politics
in a way that it would become the most unproductive in history.

To Representative Grayson`s point, they`re also focus on IRS scandal. And
of course, there`s this new special-elect committee that`s supposed to be
like a trial. At least with most American trials, and you talk about them
on the show, you`re innocent until proven guilty. Well, we know this has
been a trial in the public eye for several months, and they`ve yet to take
responsibility for their part in what`s happening with Benghazi or any
other thing for that matter.

So if this really was a socialist or fascist or Marxist president, you know
what, what`s funny is all the protesters today would be under the jail. So
there`s that.

SHARPTON: Congressman, you and Angela brought up Benghazi. And Benghazi
was certainly something that was brought up a lot today at this rally.


UNIDENTIFIED MALE: Do you think it was just incompetence or do you think
we had criminal activity going on.

UNIDENTIFIED FEMALE: Well, it could be that, too. But it`s sure

UNIDENTIFIED MALE: Criminal. Criminal negligence at the very least. And
they are got to pay but until we wake these people up in this building over
here, we`re not going to do it.


UNIDENTIFIED MALE: Well, they`ve got to pay. But until we wake these
people up in this building, we`re not going to do it. That`s what we`re
all here for today. We got to get these people woke up.

UNIDENTIFIED MALE: This is going to get shoved down their throat, whether
they like it or not.


SHARPTON: I mean, your reaction to this, Congressman?

GRAYSON: They live fact-free lives. These are people who have lost
whatever narrow tether they had to reality a long time ago. What really
upsets me is not so much they ignore the truth and they trample over what`s
right, what really upsets me is they think they can dictate to the American
people what the political process is all about.

These people think that if they woke up one morning and they wanted to talk
about nothing but left-handed, left-wing Liberian lesbians, then we would
all have to talk about left-handed left-wing Liberian lesbians and we have
no choice about it. The American people need -- have problems that need to
be solved -- unemployment, low wages.

SHARPTON: But here`s my problem, Congressman. Republicans seem that they
are going, no matter what, after a scandal like Benghazi, new committee.
The Democrats seem split on how to respond. This new select committee on
Benghazi, some Democrats are saying boycott. Others are saying we should
go in. There`s even a petition to make you the soul Democrat on that
committee. Would you be the Republicans` worst nightmare if you were the
only Democrat on that committee, Congressman Grayson?

GRAYSON: I would be their worst, worst nightmare. I would be their worst
and last nightmare.

SHARPTON: Would you do it?

GRAYSON: Absolutely. Somebody`s got to tell the truth. Somebody`s got to
tell the truth.

SHARPTON: Angela, where do you weigh in, Angela? Should Democrats
confront and go in or should they send Grayson in as one against the
Republican crowd that really some of them are as bent in terms of their
despising the president as some of those that we`ve heard from in that
crowd today or that small crowd, I might say.

RYE: Yes. I think Representative Grayson could definitely take them on
and give them a run for his money. There`s another in his Florida
delegation, though, that could also help him in, a real champion of the
rules committee and that is (INAUDIBLE). So I think they both could give
them a run for their money and make sure that the American people know the
real facts about Benghazi. And the fact is that the United States
government in large part due to the House of Representatives controlling
party, the GOP should have funded embassy security.

SHARPTON: Now, Congressman, I want to show you some other Republicans that
made the news this week. And that is some long-shot candidates in the
Idaho primary debate for governor. Now, let`s listen to some of their
greatest hits. These are Republican candidates for governor in Idaho.


UNIDENTIFIED MALE: I don`t like political correctness. Can I say this?
It sucks. It`s bondage. And I`m about as politically correct as your
proverbial turd in a punch bowl.

UNIDENTIFIED MALE: Well, what would they do if they want to come get your
kids? I would shoot them. What else would you do?

UNIDENTIFIED MALE: Now, Governor, wants to kill (INAUDIBLE).

UNIDENTIFIED MALE: I did kill (INAUDIBLE), when it was still an endangered

UNIDENTIFIED MALE: And fact check, old lady whose wife say get this
lunatic out of my cellar!

UNIDENTIFIED MALE: As it says in my motorcycle club, hey diddle fiddle
right up the middle. That`s my style.


SHARPTON: So Congressman, I mean, not to be extreme here, but does the
Republican Party with their image leave these kind of guys running for the
Republican nomination in Idaho? I mean, the party really, really, really
has a little image problem, I think.

GRAYSON: Listen, the only way to win a Republican primary these days is to
try to out crazy all the other candidates. And I think a lot of Americans
at this point wish they would all get off their TV screens and get the hell
out of their lives.

What Americans want somebody who`s actually going to take a stab at solving
their problems. The Republicans are always getting in the way and saying
something crazy in the process.

SHARPTON: Well, it beats Angela, the rent is too high guy in New York.
That`s for sure.

Thank both of you, Congressman Alan Grayson and Angela Rye. Thank you both
for your time tonight.

GRAYSON: Thank you.

RYE: Thanks, Rev.

SHARPTON: Coming up, Donald Sterling refusing to pay his $2 million fine.
What can the NBA do? Now`s the time to go on offense.

Also what should happen to the teacher who lifted a 6-year-old boy up by
the neck. It niece tonight`s "justice file."

Plus, this adorable little girl grew up to be one of the most famous women
in the world. And now she`s talking about the Supreme Court case that made
it all possible. Who is she? That`s ahead.


SHARPTON: Ahead, the disgraced Clipper owner is ready to fight the NBA.
But the fight to get him out is getting louder tonight.

And 60 years ago, the Supreme Court corrected a terrible injustice, ending
segregation in our schools. But today, that fight is back. We`ll go live
to the White House next.


SHARPTON: Tomorrow marks the 60th anniversary of the Supreme Court ruling,
Brown versus the board of education. The landmark case audit and end to
state-sponsored school segregation. The court unanimously agreed that
separate educational facilities are inherently unequal. Today the attorney
general reflected on that historic ruling.


ERIC HOLDER, U.S. ATTORNEY GENERAL: My generation was the first to grow up
in a world in which separate but equal was no longer the law of the land.
Even as a child growing New York City, I understood as I learned about the
decision that its impact was truly ground breaking, bringing the law in
line with the fundamental truth of the equality of our humanity.


SHARPTON: Today, the first lady will mark the anniversary by returning to
the city where the case was born, Topeka, Kansas.

As "The New York Times" reports today, it was a decision that helped shape
Michelle Obama, because he herself was born into the segregated Chicago of
the 1960s. There she is in the third row, in the blue sweater.

But while we`ve seen so much progress, we can`t ignore the fact that in
this country 60 years later, segregation is still alive and well in many
parts of America. In fact, in the north east, the number of black student
in overwhelmingly minority schools has actually gone up. It was 43 percent
in 1968. Today that number is 51 percent. And that means while we can
celebrate what was achieved 60 years ago tomorrow, we must remember the
struggle is far from over.

Joining me now is Congresswoman Eleanor Holmes-Norton, Democrat from
Washington, D.C. She joined the president just a short time ago as he met
with some of the relatives of the plaintiffs from the brown case.

Congresswoman, thanks for coming on the show tonight.


SHARPTON: You know, this is an historic day, but isn`t there still a lot
of work yet to be done, Congresswoman?

HOLMES-NORTON: There certainly is, Reverend Al. Today, we celebrate at
the same time we ought to plan what we`re going to do to make brown live 60
years later. I was a student right across town in a segregated school in
the District of Columbia when the principal rang the bell to let us know
the announcement on the public address system and he says that the schools
where is we now sat had been declared unconstitutional by the Supreme Court
of the United States because they were segregated.

Well, Reverend Al, they`re no longer segregated by law, but they are
separated and isolated. And in many cases poorer than they were 60 years
ago in some parts of the country.

SHARPTON: And that is the point. I mean, I was just born a year of this
decision, but I have never known a time when we didn`t deal with
inequality. And I was born and raised in the north. And in fact, here`s
one reason why increasing segregation matters.

A recent study found that nationally, schools end up spending $334 more on
each white student than each student of color. That`s today,

HOLMES-NORTON: And that`s today -- now, when the Brown case came, that was
my law in South Carolina the average white child had one teacher for every
27 students and the average black child had one for every 47 students.

Today the reason for these disparities, of course, is how we fund schools.
We fund them on property taxes. And our children live where the property
taxes do not yield enough to give them the education they need to succeed
in this country, and therefore we have to find a way to supplement the
property tax since we`re not going to change that.

Of course, they watch people move to those places because they think that
where they spend more money in schools is where they want their children to

SHARPTON: The Brown decision said segregation led to education being
inherently unequal. Well, if it is still unequal based on funding, then it
really violates the spirit of the Brown decision.

HOLMES-NORTON: Yes, it -- that`s an important point you made, Reverend Al.
It violates the spirit. It doesn`t violate the letter because nobody makes
those schools black only or white-only schools, but it certainly violates
the spirit of Brown which says that separate is not equal. That`s what we
got today, at least as much separation as we had before.

In the District of Columbia, they quote "integrated the schools
immediately." But Reverend Al, they were almost immediately re-segregated
because of white flight. There`s not a lot we can do about that. People
have tried to do that with bussing and with some further action in the
Supreme Court. It`s going to be up to those in the Congress and those in
the cities and states to try to bring Brown alive 60 years later.

SHARPTON: Well, maybe we ought to start by also democratizing the
resources and investment and dealing with where it`s inherently equal in
terms of funding.

HOLMES-NORTON: It would help a lot. Thanks, Reverend Al. That`s what
needs to happen.

SHARPTON: Congresswoman Eleanor Holmes-North, thank you so much for your
time this evening.

HOLMES-NORTON: My pleasure.

SHARPTON: Coming up, disgraced Clippers owner Donald Sterling is vowing to
fight the NBA. But the pressure on him is about to get is a lot bigger and
a lot louder.

Plus, a New Hampshire police commissioner caught calling President Obama
the n-word and refuses to apologize or resign. Town residents are
demanding action.

And caught on tape, a teacher grabs and manhandles a 6-year-old boy. Is a
ten-day suspension enough? You be the judge tonight on "the justice


SHARPTON: For the last few decades, Republicans have had a magic cure-all
for the economy. It`s called trickle-down economics. Cut taxes for the
rich, they say, and somehow that money will trickle down and everyone will
benefit. Only problem is it doesn`t work.

The latest proof comes from Kansas Governor Sam Brownback. He signed over
a billion dollars in tax cuts since 2012, aimed mostly at the rich. He
claimed these cuts would be great for the economy.


UNIDENTIFIED MALE: In January, I challenged the Kansas legislature to take
on an agenda focused on job growth and prosperity for the people. Today`s
legislation will create tens of thousands of new jobs and help to make
Kansas the best place in America to start and grow a small business.


SHARPTON: Tax cuts lead to prosperity? Really? How is it working out?
Last month tax revenues was done 45 percent from just one year ago. The
state`s credit rating has been downgraded. There have been major cuts in
public services like education, and the poverty has gone up each year
Governor Brownback has been in office. Doesn`t sound like prosperity to
me. So who is the governor blaming for his own economic troubles? That`s
right, President Obama.

Quote "the failed economic policies of the Obama administration are
affecting states throughout the nation."

Above once post the question, what`s the matter with Kansas? The answer is
easy. Republicans. Did governor Brownback think we wouldn`t notice his
trickle-down economics are going belly-up? Nice try, but we got you.


SHARPTON: Disgraced Clippers owner Donald Sterling ready to fight the NBA,
but the fight coming to him is about to get even louder. Sterling is
refusing to pay the $2.5 million fine imposed on him after his now infamous
racist remarks were caught on tape. And he`s prepared to fight the looming
forced sale of his team. His attorneys sent a scathing letter to the NBA,
threatening to sue. Quote, "This will be adjudicated. " "Sports
Illustrated" reports, quote, "The letter claims that Sterling has done
nothing wrong." Nothing wrong? It`s a defiant brazen attitude. And one
that contradicts Sterling`s own comments from earlier this week.


DONALD STERLING, CLIPPERS OWNERS: I`m not a racist. I made a terrible,
terrible mistake. And I`m here with you today to apologize and to ask for
forgiveness. Those words came out of my mouth, I guess. And I`m so sorry,
and I`m so apologetic.


SHARPTON: That was just days ago. His lawyer says he`s done nothing
wrong? Sterling can say or do whatever he wants. The pressure is only
getting started. The league wants him out. The players want him out, the
country wants him out. And we`re only about to get louder.

Joining me now is award-winning sports columnist Terence Moore who is now
the CEO of Moore Sports, and here in L.A. is Reverend K.W. Tulloss,
president of the Los Angeles Chapter of the National Action Network, my
civil rights organization. He led a major protest rally against Donald
Sterling outside the Staples Center in Los Angeles. Thanks to both of you
for joining me.



SHARPTON: Reverend, you`re a leader in this fight against Sterling here in
Los Angeles. All the ministers you led to a major march. Today we hear
he`s going to fight. What`s your response today and the response you think
of the people of L.A., the Clippers hometown?

TULLOSS: Well, Rev, our response is simply this. Donald Sterling has a
history of these antics. We recognize that he likes to fight and he likes
to tie things up. We see it from the things that he`s done on the
community, we see it on how he`s treated his players, the coaches, and the
end of the day, we in Los Angeles, we`re prepared to stand against

SHARPTON: When you say stand against, we saw the marches that you did out
here with a lot of groups involved. Not only that. And the protest, you
threatened boycotts, what are you prepared to do?

TULLOSS: Yes. We are prepared to stand with the NBA and the players
association. We want Donald Sterling out. At the end of the day, Donald
Sterling is saying that he thinks he has a fight with the NBA. But he has
a bigger fight with the sixth man, that`s the community.

SHARPTON: Well, Terence, Donald Sterling`s attorney reportedly wrote to
the NBA, quote, "No punishment is warranted, we reject your demand for
payment and the case, quote, "will be adjudicated." What do you think?

MOORE: Well, I mean, first of all, Reverend Al, I`m thinking that Donald
Sterling really enjoyed "12 Years a Slave" for all the wrong reasons. This
is all going to take care of itself. The NBA is going to win. The NBA is
going to win big. Donald Sterling knows it, his handlers know it. Look,
two things here. First of all, as he`s pointed out, he`s refusing to pay
this $2.5 million fine. Good. Because the contract he signed back in 1981
when he first bought the Clippers said that any owner that does not pay a
fine that after 30 days, he will lose his team. Case closed.

Second of all, this is very much analogous to the Frank McCourt case out
there in L.A. McCourt owned the Dodgers. McCourt and his wife had this
nasty divorce where the wife wanted half of the team, very similar to
what`s going on here with the Sterlings. That got settled, Magic Johnson
group bought the ball club and the difference is, unlike with this case,
there was no moral clause enacted by Major League Baseball, the NBA has got
this moral clause that Donald Sterling also signed that said that if you do
anything that adversely affects the NBA, you lose the ball club. And I
think being a plantation owner look-alike from 19th Century adversely hurts
the NBA.

SHARPTON: So you feel the legal precedent is there when you look at the
NBA`s own rules, when you look at what`s happened with the Dodgers. You
say, Reverend, the community would rise up. Do you think that the citizens
of Los Angeles, your pastors, churches, do you think the citizens here
would attend Clippers games if the Sterling, mister or misses were still
the owners?

TULLOSS: Yes. We`ve already received calls from -- ticket owns, from
sponsors, from fans of the Clippers. Donald Sterling must recognize that
before you say the word Clippers, you have to say the word Los Angeles.
Los Angeles is the most diverse city in the nation. And at the end of the
day, we`re prepared to take a stand.

SHARPTON: Now, I understand, some of the players have said, they would not

TULLOSS: That`s correct. We`re standing with the players, we`re standing
with the NBA. We`re excited about the new management that is in town. And
at the end of the day, Rev, we`re prepared to stand against Donald
Sterling. No Sterling.

SHARPTON: Let me go to you on this one, Terrance. Donald Sterling`s wife
Shelly, she also says, she`s going to fight this. Here`s what her lawyer
said about a lawsuit. Quote, "I want to know a lot of different things
about the records of the NBA, what information they have had about the
conduct or misconduct of other owners that was not acted upon. The NBA is
as much at risk as Mr. Sterling to have this whole thing aired publicly.
It`s in everybody`s best interest to avoid Armageddon." He`s threatening
here to expose things that were handed in, that were not explode another

MOORE: Well, you know, what? She`s got a point here. And I`m going to
tell you why. History repeats itself, OK? And that`s a quick history
lesson. Let`s go back, 1896, Plessy versus Ferguson. Separate but equal,
OK? And that`s when it became the law of the land. Nearly 60 years later,
you have something you`ve been talking an awful lot about. Tomorrow is the
60th anniversary of Brown versus the Board of Education, they got rid of
Plessy versus Ferguson.

Here we are 60 years later and essentially we have Donald Sterling and
others trying to take us back 120 years. I say others, because there is no
way possible for Donald Sterling to be an NBA owner for 33 years without
his other owners knowing who he is and what he`s all about. If you listen
to him in these interviews, these words, these racist words roll off his
tongue too easily. And you`ve got to know that he`s saying the same thick
in cocktail parties with his fellow owners. Same thing in private.

So essentially this is the rest of the owners throwing him under the bus
sort of speak to try to get the scent
off of some of them. And again, this is a Michael Koz of our society. We
see the blatant guy that`s out there but it`s hiding all these other guys
behind the scenes.
SHARPTON: But I think Rev, you and certainly me and others that`s in the -
- community, would welcome knowing the other guys that they got some
information. I don`t think we would want to see that in any way not come
out. Clearly, this is not personal. We`re talking about bias and racism
TULLOSS: We agree. This racism happens all across the country. It`s way
beyond Mr. Sterling. At the end of the day, Mr. Sterling, he can expose
those who continue to act in this manner. And at the end of the day, we`re
going to continue to hold them accountable. Because if their NBA owners
talk like that, we want to know about it. So, we welcome Mr. Sterling.

SHARPTON: Well, Terence Moore and Reverend K.W. Tulloss, let me thank both
of you for your time tonight. And let me say this, I think that clearly
Donald Sterling or his wife, who had not even filed for divorce when he was
voted out, so she has no claim of a separate state as far as many lawyers
that I talked to here have said. But I think both of them clearly cannot
lead the team. But if their threat is they want to expose bias and racism
among others, we welcome that.

Everyone that has that kind of behavior has no place in leading an NBA team
or nor the team in America. We all may say and do things growing up, but
once you assume responsibilities, if you behave in any way, that in any way
inflict I should say, some kind of embarrassment or bad light on those
responsibilities, you should lose them. That`s my view.

Still ahead, should there be criminal charges against a teacher caught on
camera grabbing a student by the throat? It`s part of tonight justice
files. And also an entire town rises up against a police official who`s
refusing to apologize for calling President Obama the n-word. And the
stars come out to say goodbye to the legendary Barbara Walters. Stay with


SHARPTON: It`s time for "The Justice Files." The big criminal justice
story is making headlines today. Joining me now, criminal defense Attorney
Eric Guster and former prosecutor and MSNBC legal analyst Faith Jenkins.
Thanks to both of you for being here.



SHARPTON: We start out tonight in Ohio where a disturbing video has
emerged of a teacher forcefully grabbing a six-year-old student. Here`s
the shocking moment caught on tape of the teacher, Barb Williams grabbing
the student. You can see how disturbing this incident is. Here`s what
happened. Six-year-old Ian Nelson was walking down the hall way alone to
the bathroom. When he walks out, the teacher grabs him forcibly, picks him
up and pushes him against the wall. One point Ian`s head even appears to
snap back. There`s an investigation under way and the teacher received a
ten-day suspension without pay. But Ian`s parents want more. They spoke
to the "Today Show" this morning.


my heart to see my child get harmed by a complete stranger. I was just in
complete utter shock. They should have just fired her when they found out
about the whole situation that she put his hands on him.


SHARPTON: And Ian himself even talked about what happened.


IAN NELSON, CHILD GRABBED BY TEACHER: She did this to me hard. What?


IAN NELSON: What, mommy?


SHARPTON: NBC reached out to Barb Williams for her side of the story but
did not get a response. Faith, is a ten-day suspension enough here?

JENKINS: No, no, it`s not at all. I think when I look at that video, I
see a teacher assaulting a student. And if this were the other way around,
Rev. If a student did that to a teacher in that school, the police would
have been called. They would have responded. That student probably would
have been expelled and would have a criminal case. But here we`re looking
at a totally different situation where there`s a ten-day suspension. The
teacher is going back to the school. I understand that student has been
removed from the classroom, but it`s simply not enough. If you don`t know
how to handle and deal with students in the proper manner, then don`t
teach, don`t be in a school.

SHARPTON: Eric, you`re a defense attorney. How would you defend Ms.

GUSTER: Well, first of all, Ms. Williams did not punch the student, did
not kick the student, did not slap the student. She did rough handle him.
And that does not rise to the level of any criminal charges being filed.
Or any other expended suspension or even a firing.

JENKINS: That`s an assault.

GUSTER: She should not have grabbed the student like that. However, it
does not rise to a criminal offense.

JENKINS: You know, what? I`m not saying that this teacher should be sent
to Rikers Island tomorrow, however, that is an assault. You cannot put
your hands on a student in that manner and think that it`s OK. She should
go through the process. She should be arrested and charged with attempted
assault at a minimum. That`s a B-misdemeanor. They can put her through
the process, she won`t have a criminal record. They`ll probably plea her
down to a non-criminal disposition, but let her do the community service.
Put her through the process. Because that behavior can`t be tolerated.

SHARPTON: Eric`s got a good point, Faith. She didn`t punch him, she
didn`t knock him down. There was no blood. She just grabbed him, yanked
him off his feet, snapped his neck, that`s all.

JENKINS: I`m sorry, there doesn`t have to be blood to have an assault.
You cannot put your hands on somebody on that manner. That`s
inappropriate. That`s inappropriate teachings.

GUSTER: Sometimes teachers have to get students attention. She may have
grabbed him too forcefully, however, it does not rise to an assault.

SHARPTON: But should it be more than a suspension, Eric?

GUSTER: No. It should not be more than a suspension.

SHARPTON: All right.

GUSTER: I believe a suspension should be enough in this case.

SHARPTON: Let me move to the next one. Now to Florida, the controversial
stand your ground law is in the national spotlight. Thirty three-year-old
mother of three Marissa Alexander was back in court today asking a judge
for a new stand your ground hearing when she is retried in July. She was
convicted in 2012 and given 20 years in jail. After a judge ruled she
could not use the stand your ground self-defense law. She now faces 60
years in prison at the retrial. She was convicted in 2012 after firing
what she says was a warning shot near her now ex-husband and nobody got

In November, a judge released Marissa because of improper jury
instructions. Today, attorneys produced new evidence including information
that key witnesses have recanted their testimony. An alleged pattern of
abuse on the part of Alexander`s ex-husband that wasn`t previously
introduced, and expert testimony that they say the first legal team failed
to present. Prosecutors argued nothing has changed since the first trial.
The judge would not make a ruling today. Faith, 30 seconds, should she get
a new stand your ground hearing?

JENKINS: Yes, she should. The prosecutors` main reason for saying she
shouldn`t get this hearing is because she left the House, went to the
garage, got a gun, went back in. But remember, the very essence of stand
your ground, whether you agree with it or not, whether you like it or not,
I don`t like the law, but the very essence of it is you don`t have a duty
to retreat. And that`s it. And so, she should be able to get a new

SHARPTON: Eric, should she get a new hearing?

GUSTER: I believe she should get a new hearing based upon the new
evidence. However, one of the problems I have with this case and it`s not
a very popular stance is she went to the garage and she retreated. She
left her standing her ground and went to the garage where -- she could have
left the house. She could have called the police and she did not.

JENKINS: No, she kept the gun in the garage because she didn`t want it in
the house where the kids were.

GUSTER: And that`s the problem. She left to get a gun and came back to
the fight. You can`t go get a weapon and then say, oh, I`m going to stand
my ground right now. She already left her ground when she went to the
garage and then came back.

JENKINS: She doesn`t have a duty to retreat. She could go anywhere in the
house that she want to protect herself.

GUSTER: She already retreated to go get a weapon, Faith.

SHARPTON: I want to have to leave it there while you lawyers fight it out.
Eric Guster and Faith Jenkins, thank you both for your time. And have a
great weekend.

JENKINS: You, too. Thank you.

SHARPTON: Coming up, a television legend, Barbara Walters signs off for
the last time. We look back on her ground-breaking career. And a New
Hampshire town is demanding its top police officer resign after calling
President Obama the n-word. But the officer is not sorry. We`ll hear from
the residents ahead.


SHARPTON: Trailblazer national icon Barbara Walters is saying goodbye to
her legendary career today. The former co-host of the "The Today Show,"
ABC world news, "20/20" and "The View" is retiring. More than 50 years in
television. Her ground breaking career began right here at the NBC of 1962
on "The Today Show." And in 1974, she became the first female co-anchor of
any network`s evening news. But she`s best known for landing the big
interview. If you were anyone making news, you talked to Barbara. She
interviewed world leaders, Hollywood stars and athletes and every president
since Nixon.


BARBARA WALTERS, HOST, "THE VIEW": Radio, television, motion pictures. No
dissent or opposition is allowed in the public media.

UNIDENTIFIED MAN: Some truth about it.

WALTERS: Your English is good. Your English is better than your

What kind of tree if you think you`re a tree.

KATHARINE HEPBURN, MAY, 1907 - JUNE, 2003: I hope I`m not an elm with
Dutch elm disease, because then I`m withering.

PRES. BARACK OBAMA (D), UNITED STATES: The respect and love that you feel

MICHELLE OBAMA, FIRST LADY: And then there`s a lot of laughter.

WALTERS: And you are funnier.


OBAMA: Everybody thinks she`s pretty funny. I`m funnier than people

WALTERS: Yes. You are.

What will you tell your children?

UNIDENTIFIED WOMAN: Mommy made a big mistake.

WALTERS: And that is the understatement of the year.


SHARPTON: And if you talk to Barbara, you better bring tissues.


UNIDENTIFIED WOMAN: It was so destructive. It was so destructive.

UNIDENTIFIED MAN: I made it after my father died. My passion -- I was
going to make that man proud of me until I die.

OPRAH WINFREY, TV HOST: Shoot, I wasn`t going to cry here. It`s making me
cry because I`m thinking about how much I probably have never told her
that. Tissue, please. I now need tissue.


SHARPTON: Barbara needed a tissue herself today when "The View" honored
her legacy, bringing on women broadcasters to thank her for breaking the
glass ceiling and paving the way for them. And she said goodbye and
reflected on her career.


WALTERS: What an honor to have questioned every U.S. president and First
Lady from Richard and Pat to Barack and Michelle. How proud when I see all
the young women who are making and reporting the news. If I did anything
to help that happen, that`s my legacy.


SHARPTON: And what an incredible legacy it is. Congratulations, Barbara.


SHARPTON: Residents of a small New Hampshire town are demanding that their
police commissioner be fired after he was caught using the n-word while
referring to President Obama. Wolfeboro Police Commissioner Robert
Copeland is refusing to apologize for making the comment in March. A town
resident overheard him at a local restaurant referred to the president as
an exploitive n-word.


UNIDENTIFIED WOMAN: It was not like I was eavesdropping on a table next to
me or a table across the room. He was very loud.


SHARPTON: Copeland admitted to using the slur in a letter to his fellow
commissioners, writing, quote, "I believe I did use the n-record in
reference to the current occupant of the White House. For this, I do not
apologize. He meets and exceeds my criteria for such." Last night, more
than 100 residents showed up at a meeting to insist Copeland be dismissed.


UNIDENTIFIED MAN: This is a public office, and I just want to simply say
that there`s no room for this anywhere in the public office.

UNIDENTIFIED MAN: It is my understanding that every citizen of this
country is worthy of respect. Especially from an elected official.

UNIDENTIFIED WOMAN: You, sir, should resign. Because what you have done
now, would you have put that in your campaign? Would you have proudly
stood by that prior to the vote? I don`t believe you would have.

UNIDENTIFIED MAN: You so clearly broadcasted, showing blatantly disrespect
towards the office of the presidency, towards our African-American
countrymen and towards the members of this community that you so ill
represented. It`s time that you take a semi respectable bow from public
life and resign your position.


SHARPTON: This last story is why I believe in growing hope. Yes, we still
have the Donald Sterlings of the world and the Sheriff Copelands, but in a
little town in New Hampshire, all white, whites came out to demand that
this commissioner resign because he used the n-word. All kind of NBA
players and other owners voted to get rid of Mr. Sterling. Yes, we still
have segregation in schools, but people are standing up fighting it. Yes,
we still have bigots in this country, but there are those that have
increased the numbers that are fighting bigotry. We just have to keep
proving there`s more of us than there are of them.

Thanks for watching. I`m Al Sharpton. Have a great weekend. "HARDBALL"
starts right now.


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