insurance. the entire lawsuit hinges on one part of the law. it's found in subtitle e, part 1, subpart a, section 86b. it indicates that subsidies are only available for exchanges established by the state and not the federal government. today, several justices including elena kagan pushed back against that narrow wording. she said, "it's not the simple four or five words. it's the whole structure and the context of the provision" but justice scalia said, "it nonetheless mean what is it says." meantime, a potentially good sign for the white house. justice anthony kennedy who could cast the decisive vote telling the challengers who want to gut the law "there's a serious constitutional problem if we adopt your argument." . the other big question today, what is chief justice john roberts thinking? today he was notably quiet. apparently keeping his cards close to the vest. outside the court, a raucous scene with protesters on both sides, many of whom have been personally helped by the law. >> i got diagnosed with oral cancer and i lost -- after medical school i lost my medical insurance for six months until obamacare went into effect. >> i would not be able to pay without the subsidy. it would be impossible. >> i am an ovarian cancer survivor and if it wasn't for the exchange i would not be standing here before you today. not only -- >> joining me now is congressman joseph crowley, democrat from new york and jeffrey rosen, president and ceo of the national constitution center. thank you both for being here. >> thank you, reverend. >> good to be with you. >> congressman, what was the mood in the court today? was there a sense of how high the stakes are? >> i don't think there's any doubt. the room was packed. people had been waiting out in the middle of the night to get a seat in that room. it was solemn. we all listened very intently to the words of all the justices and the questions they asked as well as the plaintiff and the government defense in this case. it was quite solemn. >> does the whole fight really come down to one phrase tucked inside a 900-page bill? >> it really does. as justice kagan said the question is are you going to take those words out of context or read them in context? the challenger said if the exchange is not established by the state, you can't get the tax breaks but that would mean a death spiral where, as you said more than 8 million people in the 34 states that have established federal exchanges would not get the tax breaks. it was very interesting to hear this debate between justice kagan who said the whole context matters and justice scalia who said only the text matters and we can't look at the context at all. this is a long simmering debate they've had and it's never been more dramatically on display. the justice kennedy, who could be the swing vote said he was very concerned that if the challengers' argument were accepted basically the states would have been coerced into establishing exchanges for fear that if they didn't they would lose their tax subsidies. he said that kind of coercion can raise federalism issues and could be unconstitutional which gave the government some hope. >> congressman, let me talk about what jeff said because it was justice sonia sotomayor who warned if this challenge succeeds, "we're going to have the death spiral that this system was created to avoid." will the justices take into account that this could have a negative impact on millions of americans." >> i agree with jeff. they were very spirited in terms of the question both for the plaintiff and for the solicitor general's office. i do think that's the bottom line rev, if they find the law unconstitutional, this provision to be unconstitutional, that it will be a death spiral. that the cost of health care in this country will go to the roof. an immediate increase of 35% or more. so i also want to think the bottom line is so many millions of americans now have health insurance through these subsidies. if they are forced to give them back, it will be a tax increase for those individuals but, more importantly, they will lose their health care and that will be tragic for our country. >> jeff, let me ask you the same question. do you think the justices will care that this will affect millions of people? >> the liberal justices are more willing to take pragmatic consequences into account. justice scalia said he does not care and the law says what it says but what really matters is what is chief justice roberts thinking? and a few years ago he cast that historic vote to uphold the affordable care act and this time he faces a really tough choice. as you said he did not show his cards. we don't know whether he's inclined to read the law as a textualist or not. he may, once again, face one of the toughest decision of his career in a case where it's possible that his legal principles clash with the court's -- >> and he barely spoke at all today. is that right, jeff? >> he did. he said two things. he made a joke about how the lawyer had changed his position from the last time and then he said one interesting thing. he said if you're saying this whole case turns on deferring to the internal revenue service's interpretation of the law, that mean as future president could change that interpretation almost seeming to contemplate that a future republican lawyer could view it that way. >> congressman, in the 2012 challenge to the affordable care act, the court was tightly divided and came down to chief justice roberts' decision to side with the more liberal justices and preserve the health care law. this time court observers say it could come down to roberts and justice anthony kennedy. how do you read this? >> i felt the same way. i was sitting next to paul ryan the republican congressman from wisconsin, we were sitting side by side in the chamber today and every time one of -- it was sotomayor or it was kagan, i would put fingers up to him, i got up to four with sotomayor and when justice kennedy spoke, i took my thumb and he went up and he started counting his. i think kennedy left it up there for both to find some hope but my sense and i hope he's leaning towards the more moderate voices. and i would agree that scalia seemed to be very cavalier if it hurts people, so be it. i thought that was evident as well. >> wow. how do you read justice kennedy, jeff? >> as the congressman did. he was not hiding his cards. he said several times, i'm very disturbed by the idea that if the challengers' argument is accepted, this would be unconstitutional coercion and an offense against federalism. we know how much justice kennedy cares about federalism. so he will be -- he definitely votes his principles and that is encouraging for the supporters of the law. >> congressman, justice scalia did push back the obama administration's attorney. justice scalia said "you really think congress is just going to sit there while all of these disastrous consequences ensue?" and the solicitor general said, "well, this congress, your honor." >> i think that one drew the biggest laugh. after what we've just gone through this week you know in terms of the dragging out of the homeland security bill if that gives anyone faith and confidence that this republican leadership can do anything to fix the affordable care act if this court decides against it i think they are really -- they may be smoking something. >> well i think we talk about the laughter in the courtroom but this is no laughing matter at all. >> yeah. >> jeff bottom line it. what do you think is going to happen? >> i don't like to predict but the fact that kennedy was openly having questions about the challenger's argument may lead to some hope for the president. >> all right. congressmen joe crowley and jeffrey rosen, thank you for your time tonight. >> thank you reverend. breaking news tonight, the justice department releases the full ferguson report full of startling details on a pattern of racial bias from police. >> in every case in which ferguson police records indicated a person was bit by a police dog, that person was african-american. and the house benghazi committee just subpoenaed e-mails from hillary clinton's personal account but a very prominent american also used a personal e-mail account. please stay with us. denver international is one of the busiest airports in the country. we operate just like a city and that takes a lot of energy. we use natural gas throughout the airport - for heating the entire terminal generating electricity on-site and fueling hundreds of vehicles. we're very focused on reducing our environmental impact. and natural gas is a big part of that commitment. 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(announcer) built to be there for your family. love. it's what makes a subaru a subaru. opening statements today in the boston bombing trial. the prosecution says that tsarnaev had murder in his heart and went out to buy milk 20 minutes after the bombing. jurors heard emotional testimony from witnesses describing the gruesome scene just as the two bombs detonated. tsarnaev is facing a possible death sentence for the attacks that killed four and injured over 260. we'll certainly be watching this trial as the days go on. meet the world's newest energy superpower. surprised? in fact, america is now the world's number one natural gas producer... and we could soon become number one in oil. because hydraulic fracturing technology is safely recovering lots more oil and natural gas. supporting millions of new jobs. billions in tax revenue... and a new century of american energy security. the new energy superpower? it's red, white and blue. log on to learn more. you pay your auto insurance premium every month on the dot. you're like the poster child for paying on time. and then one day you tap the bumper of a station wagon. no big deal... until your insurance company jacks up your rates. you freak out. what good is having insurance if you get punished for using it? hey insurance companies, news flash. nobody's perfect. for drivers with accident forgiveness, liberty mutual won't raise your rates due to your first accident. see car insurance in a whole new light. liberty mutual insurance. breaking news tonight on the controversy over hillary clinton's e-mails. the house select committee on benghazi just issued subpoenas for hillary clinton's e-mails. the move comes as there are new questions about her use of personal e-mails while secretary of state. today, the associated press reporting clinton also had her own computer server for official e-mails. a business record for the internet connection it was used was registered under the home address for residence in chappaqua, new york. but general colin powell used personal e-mail at the state department and we're learning jeb bush used a personal e-mail server when he was governor. clinton's camp says she acted within the rules. but i don't expect this story to go away any time soon. joining me now are democratic strategist jamal simmons and ryan grimm from "the huffington post." thanks to both of you for being here. >> good to be here, rev. >> ryan some are saying this is secretive. but are the critics overheated on this? >> you know it's not clear exactly how much people will end up caring about this over the next year or year and a half. you know the biggest problem that she would have is that this could play in you know to an idea that people have about her that she doesn't think that rules apply to her and that she's too secretive. so to the extent that it plays into that narrative, it is somewhat troubling and also is a reason for her campaign to get up off the ground so she can actually start responding personally to these things because there's a vacuum created by the fact that she is in all intents and purposes a candidate, but she doesn't have any positions that are out there. so the vacuum that is filled by scandals like this. until she gets out, this is the kind of thing that we're going to be talking about. >> jamal the house benghazi committee issued a subpoena for her e-mails. is this an issue that she should be concerned about? >> of course it's an issue she should be concerned about. if you have a congressional investigation going on and they are going to be picking at her the entire time while she's running. but you know who is ready for that? hillary clinton. the entire time that the clintons have been in political life, they have been under investigation, whether it's whitewater or -- you can name a thousand things that they have been investigated for. reen ryan is right. until she tells us why she wants to be president, even those that are allies and ill-equipped to defend her because they don't have a narrative or argue on her behalf with. >> ryan many are asking why would clinton do this. we know she's not the oem person to use personal e-mail. why do politicians use personal e-mail. >> it's interesting. as a journalist it means they are going to be more open because they are less worried about that getting captured and becoming public. as a journalist generally, though somebody who is pro transparent, in this situation hillary clinton wanted full control over her e-mails. so even now they are issuing a subpoena. if they issued a subpoena to g-mail she would have less control over what was released. the clintons have always been people who have felt unjustifiably so under attack. you know by the right wing and so i think they set up you know, these extra walls from the outside may end up looking like paranoia. >> jamal, after the news broke, jeb bush tweeted "transparency matters, unclassified hillary clinton e-mails should be released" but nbc reports, former florida governor jeb bush owns the server that runs the personal e-mail he used to conduct political and personal business. both of them have servers. is this normal? >> look it's not normal for most people but neither the clintons or the bushes are most people. you know, they are two families that have been in political life for most of the last 20 or 30 years. for the bushes longer than that. so they -- as ryan said they understand the way the adversarial relationship will go with reporters and in a way you have to respect their game. they went out and created this entire network server to be able to control access to this information which is probably -- they probably made a calculation that this was better than having all of this stuff subpoenable. we can have an argument about what she wants to do and how she's going to get it done versus her opponents. >> ryan, what are you hearing around washington about this today? >> you know what a lot of people are saying is that you know, hillary clinton is winding up to be at this point perhaps, you know the weakest front-runner you know that the democrats have put forward and a lot of that is a function of what jamal was just saying. she's not out there. like take the net neutrality issue. you know several months ago when it mattered she could have come out and said i'm for net neutrality and when the fcc the other day came out for it then it would have appeared as though she was part of the conversation. instead, she came out basically today the day that the fcc was ruling on it. so there's a sense that she's not a kind of organic part of the national conversation that she's just sort of waiting for her inevitably to carry here in the white house and this e-mail scandal is causing a lot of nervousness among democratic establishment types who are wondering when something good is going to start happening for hillary clinton and it's been a long time that she's been out there and getting hit after hit after hit. >> but jamal, is this really a scandal? we mentioned the benghazi e-mails tonight. listen to her critics. >> the state department never came forward with this information which clearly should have been revealed to other committees reviewing benghazi making any claim of a definitive report impossible. >> congress has also asked for these in light of benghazi and a lot of other investigations and evidently those e-mails were not included in the document production. >> i mean could this stretch, jamal, into 2016? >> benghazi is a tragic story that the republicans and right-wing media have been able to turn into a big political mess for themselves. it's something that they care about a lot. i don't think anybody else in the country cares about it. they have every time come back and said there are mistakes made, people have owned up to it. hillary clinton will not be elected or lose a presidential campaign based on this e-mail controversy. this is something that people who are against hillary will have in their quiver and shoot these arrows at her but they will have an easier time making the case when she comes out and gives them rationale. >> ryan grim and jamal simmons, thank you for your time tonight. >> thank you. breaking news on that explosive justice department report on racial profiling in ferguson. city officials in ferguson are about to respond. that's coming up. also, jeb bush's surprising request for his rich donors. and the ben carson statement that reveals a lot about today's gop. stay with us. 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[thunder and rain] [thunder and rain] [thunder and rain] breaking news out of seoul, south korea the ambassador has been attacked with what appears to be a razor blade. you can see from the photo he is bleeding quite substantially. we'll keep following this story. and breaking news also from ferguson missouri where city officials are about to respond to explosive charges from the justice department on racial profiling in the city's police department. we'll have that for you live. today, the department of justice released its full report investigating the conduct of ferguson police. attorney general eric holder said it revealed systemic abuses. >> this investigation found a community that was deeply polarized, a community where deep distrust and hostility often often characterized interactions between police and area residents, a community where local authorities consistent look he approached law enforcement, not as a means for protecting public safety but as a way to generate revenue. a community where both policing and municipal court practices were found to be disproportionately harmful to african-american residents. >> the details of the extent of the misconduct were disturbing. >> the police department's routine use of tasers was found to be not only unconstitutional but abusive and dangerous and minor code violations can sometimes result in multiple arrests, jail time and payments that exceed the cost of the original ticket many times over. in every case in which ferguson police records recorded a person bit by a police dog, that person was african-american. >> it paints a troubling picture of life in ferguson particularly for its african-american residents. the investigation came after the shooting of michael brown. today, the justice department also announced there would be no federal charges for officer darren wilson stating, quote, there's no evidence upon which prosecutors can rely to disapprove wilson's stated subjective that he feared for his safety. but attorney general holder acknowledged that the shooting and subsequent protest didn't happen in a vacuum. >> of course violence is never justified but seen in this context, amid a highly toxic environment, defined by mistrust and resentment, soaked by years of bad feelings and spurred by illegal and misguided practices, it's not difficult to imagine how a single tragic incident set off the city of ferguson like a powder keg. in a sense, the members of the community may not have been responding to not just an isolated confrontation but also to a pervasive, corrosive, and unfortunately deep lack of trust. >> ferguson officials are expected to speak at any moment. the attorney general is demanding change in ferguson. so what happens now? joining me now is jonathan capehart "the washington post." thank you for being here. >> thanks rev. >> jonathan we've been hearing about these kinds of issues from ferguson residents for months. but hearing it from the attorney general, what does it do? >> it gives it power. it gives it official power. people of ferguson have been protesting the killing of michael brown since within moments of his killing and it was then that we learn of all sorts of disparities there in ferguson from a majority african-american city that had a majority white police force. we then started learning about how these -- how ferguson was basically funding its budget on the backs of the poor through fines and fees. people who were being arrested and losing jobs and losing livelihood all over minor traffic offenses just as an example. and so what sounded probably to some like a bunch of whining from people in a community, to have the justice department jump in first to say we're going to investigate what is going on not only in the shooling of michael brown but also what is happening in the police department and then to have the report come out and show in detail -- >> let me get to that because the attorney general got into some of the specific numbers in how african-americans are targeted. let me play this. >> between october 2012 and october 2014 despite making up only 67% of the population african-americans accounted for a little over 85% of all traffic stops by the ferguson police department. african-americans were twice as likely as white residents to be searched during a routine traffic stop, even though they were 26% less likely to carry contraband. >> these are cold hard numbers. what kinds of changes will the police department have to make jonathan? >> well one, i think they have to stop viewing the people of ferguson not as piggy banks for mu municipal coffers but it's not going to require just one justice department report and simple changes here and there, this is going to require a multi-year multiple personnel changes movement to change the focus and attention, not only of the police department because the justice department makes clear, the ferguson police department was one part of a really ugly system that had grown up there in ferguson. you then have the court system. the court system and the police working together. >> stay with me on the police department because we are about to speak. what do you think they are going to say? how can they argue against these hard numbers? >> i don't know how they can argue against the hard numbers. i'd be very disappointed if the ferguson folks come out there tonight and don't talk about substantive changes that are going to be made. what's going to happen to the command structure there in the ferguson police department what about the police chief, the ferguson police chief? what are they going to do to ensure that the ferguson police department akccurately reflects the community that it's serving. >> but even before we get to that -- and as you know the request of the family michael brown, i was out there in 48 hours and back and forward and did his funeral and i heard all kinds of things from the community throughout the whole last several months. here you have hard numbers. you have e-mails that refer to the president as a black being able to keep a job for four years. the first lady whether she was in some tribal -- i would look for not only the police chief and hierarchy to be changed but some people should lose their jobs. can you imagine people that are still working that have done these e-mails on city e-mail? >> you need to have a personnel change from the top but also i think you're going to see or you should see a wholesale change within the police force in general. you also need a culture change and that's something that goes beyond the ferguson police department because the press conference is about to happen. and it's the court system with the municipal government. you have three branches where the culture and that's in plain sight and hearing the statistics, reading about the e-mails, reading about real-life situations that happen they were happening in broad daylight. >> and they had to be known. >> yes. >> when you look at the facts and we're waiting on the mayor, the police chief and others to come out, we're going to go to them live to hear what they have to say look at this example. in 2007 combined with a parking violation, she's been arrested twice, spent six days in jail paid 550 in court fees, all related to this one parking violation. and after paying hundreds more than the original fine she somehow still owed $541 as of december 2014. >> african-americans were being used to finance city government and have their lives ruined in the process. also she tried to pay in installments and they wouldn't let her because the law requires them to pay their fines in full. we're talking about a working class community where $150 is a lot of money. and for someone to do right by the law and take responsibility even if it's for a parking ticket to stack the deck against them time and time again, no wonder you saw -- we saw ferguson blow up after the killing of michael brown. people were -- had been fed up for a very long time. and they got the attention of the justice department not only to investigate the killing of michael brown but to look at the real experience lived by the people of ferguson when it comes to their interaction. >> we just learned we're expecting to hear from the mayor and the police chief. we've just been told we will only hear from the mayor. the police chief will not be speaking. we will only hear from the mayor of ferguson now we're told and we will not be hearing from the police chief as well. and it's hard for me to even conceive how all of this could have been going on from the fines to the targeting to the attorney general saying only blacks were bitten by the dogs. i mean without the police chief and people not knowing about it and you have to question whether it was deliberate in not stopping with it or dealing with it. it seems to be pretty blatant. >> yeah. these are people -- the police department police officers are sworn to uphold and protect the constitution and the laws. and the police department to protect and serve did neither and actually did things to the detriment of the african-american community, targeting them for arrests, for racist jokes, doing it on official e-mail. i mean that's what is so breath breathtaking to me. >> on official e-mail of the president of the united states and first lady among others in clear, graphic racial references and people want to know why there was anger there. clearly i do not condone violence. said that over and over again, got into debates about that there on the ground. but the anger you can see was not something and someone not just making up systemic problems going back years in that community. according to the justice department of the united states. >> right. the systemic problems in ferguson are actually breathtaking. here we are, the president and first lady first family going down there. everyone is talking about the movie "selma," how much progress has been made how we have a missouri town, city officials, police officials using official e-mail to tell racist jokes, having basically an official policy to target african-americans for abuse, to turn the community upside down and to shake them and get every last dime, nirkckel quarter, penny and the mayor will not take questions. the mayor will make a statement and will not take questions. let's go live to ferguson and hear more about this report. >> good afternoon. i'm james knowles, mayor of the city of ferguson. yesterday, ferguson city manager john shaw police chief john jackson and stephanie carr along with myself met with the department of justice officials in st. louis to receive the final report of their investigation into the policies and practices of the city of ferguson police department. the document outlined five specific areas of concern in which the police department engaged in a pattern and practice of conduct which violates the united states constitution and federal law. the department of justice began their investigation of the ferguson police department on september 4th 2014. during the last six months city officials have cooperated with the department of justice to supply tens and thousands of documents which included thousands of e-mails from 75 employees from the city of ferguson and other electronic materials from the ferguson police department. the city also arranged ride-a-longs for the department of justice investigators to observe ferguson police officers while on duty. during the meeting on tuesday, the department of justice officials informed the city of ferguson that e-mails uncovered explicit bias by three individuals who are employed by the ferguson police department. let me be clear, this type of behavior will not be tolerated and the ferguson police department or in any department in the city of ferguson. immediately upon leaving that meeting, the three individuals were placed on administrative leave pending an investigation. one has since been terminated and the other two are still awaiting the outcome of an internal investigation. these actions taken by these individuals are in no way representative of the employees of the city of ferguson. but today's report allows the city of ferguson to identify the as a city and country, we must all work for all aspects of society. as mentioned by the department of justice there are several initiatives taking place in the city of ferguson and in the ferguson police department. they are as follows. the ferguson police department is in the process of hiring three new officers. we hope to have an update on these positions and the racial makeup of these new hires sometime in the next week. the ferguson police department has hired one correction officer since august 9th 2014. one african-american female candidate was hired for that position out of a pool of approximately 91 applicants. the ferguson police department has also hired two assistant court clerks since august 9th 2014. both positions were filled by african-american females from a pool of 64 applicants. all ferguson police department officers have completed mandatory diversity training as of december 31st 2014. the ferguson police department has also begun an explorer program in the school district beginning in january 2015. the goal of this program is for officers to engage youth and the law enforcement profession as well as potentially recruit them for police officer positions in the future. i've also convened a task force made up of residents, businesses and law enforcement to create a civilian oversight board that will review complaints and provide citizen input into the policy and procedures of the ferguson police department cht the task force meets weekly and efforts are already under way. this groundbreaking initiative will be one of the first of its kind in this region. lastly, the city of ferguson has retained the services of an independent consultant recommended by the department of justice to conduct a patrol staffing and deployment study. finally, i would like to speak briefly about our efforts to reform the ferguson municipal court. the city of ferguson has acted in august and in september of 2014 to implement several adish nal reforms and programs. the city of ferguson was the first community in this region to undertake such steps. in september 2014 the city council appealed several codes such as administrative fee for overseeing the release of a towed vehicle or on the recall of a warrant upon request. in addition there is no longer a specific offense for failing to appear which would eliminate certain additional fees and court costs for individuals in the court system. pending charges of failing to appear, which were issued prior to the reforms taking place, are being dismissed as they come before the municipal court. finally, the municipal court judge has implemented new procedures and programs. a new docket was established specifically for those having trouble paying fines. defendant may appear and speak to the judge and/or prosecutor about different payment plans or potential alternative sentencing. the city has also passed an ordinance in september 2014 to cap municipal court revenues at 15% of the city's overall budget. this is half of the legal limit allowed under state of missouri law. this ordinance is also specified that any excess municipal court revenue will be appropriated for community projects. these are just some of the initiatives that the city of ferguson has taken and will continue to take moving forward to hopefully move this city its residence and our entire community forward. thank you. >> that was the mayor of ferguson and he made a statement taking no questions on the justice department's scathing report on racial profiling in ferguson. i must say, jonathan i heard a lot about programs going forward about task forces but it seems like the only decision made tonight is that three officers that had done e-mails are up for review. only one terminated. the other two waiting. he said nothing about the hierarchy of the police department that were overseeing this kind of systemic problem that could have not known of the disparities in terms of the racial makeup of those being targeted for traffic stops and tasers and police dogs. it would seem to me that he did not do very little very little about making people accountable that have engaged in these practices and he really did not address it. i do not know how firing one cop, possibly three, clearly who were blatantly wrong with the e-mails deals with the systemic issues that you and i have been discussing in the report. >> this was a missed opportunity by mayor knowles. we should not be surprised that there is a race problem in his city. so the missed opportunity is that you have a federal report from the department of justice that says your town your police department is rife with people who are trampling the constitutional rights of african-americans in your city. he doesn't address that and say, so any kind of remorse or talk about how they are going to move forward from that. and as you said he did not talk about what is going to happen to the hierarchy of the police department. the three people who sent those e-mails, the one who was fired, that's a drop in the bucket. that's a culture change that has to happen and has to start with chief jackson. >> jonathan capehart thank you for your time tonight. we'll be back. ah... 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(vo) the longest-lasting midsize sedan in its class. the twenty-fifteen subaru legacy. it's not just a sedan. it's a subaru. what's that thing? i moved our old security system out here to see if it could monitor the front yard. why don't you switch to xfinity home? i get live video monitoring and 24/7 professional monitoring that i can arm and disarm from anywhere. hear ye! the awkward teenage one has arrived!!!! don't be old fashioned. xfinity customers add xfinity home for $29.95 a month for 12 months. plus for a limited time, get a free security camera call 1800 xfinity or visit comcast.com/xfinityhome. my takeaway is what he did not say resonates with more about what he did say in terms of how to hold accountable those that were over this systemic problem of racial profiling in his city or his town. >> there's a lot left to be desired. i'm struck by this civilian oversight board. out of everything that he said that's the one thing i thought, wait that actually might do something. jonathan talked about the culture of corruption. that cannot change overnight. and it can't change just by having three people fired, it literally -- they should just clean house, per se. maybe the mayor should go. that perhaps is the big der problem here. now three people are going to be fired and that's the penalization of this? this is a bigger problem and that goes to that culture of corruption. that has to stop. those kinds of things have to be left on the battlefield. not in america. african-americans, white americans, every american does not like that sort of thing and that has to stop as well. there's a bigger concern here in my opinion, and he did not address any of it frankly. >> well the mayor did say, for those just turning in that three officers that had sent racially charged e-mails are under review three officers being hired but he didn't know the race of them. there was a black hired, there's a consultant firm that has been brought in that was recommended by the justice department and he said that there would be a civilian review board which jimmy just said could be the best thing that was announced. he also did not address at all the hierarchy, the police chief, the top brass that were the ones that were overseers of the justice department and laid out very hard numbers that definitely can't be argued with and definitely can't be disputed. i think it's a missed opportunity to check out accountability and i don't believe the mayor has come out of his problem of denying what is obvious. thank you for your time this evening. and i hope we can bring this country together but we must do it by holding people accountable. thanks for watching. i'm al sharpton. "hardball" starts right now. hillary's front page news. let's play "hardball." ♪ >> good evening. i'm chris matthews in washington. it's front page news. it's right up there. read all about it. hillary clinton used private e-mail while at state. read "the new york times," "the washington post," read all about it. what is going on? suddenly the once future presidential candidate is the topic of attention from the country's major newspaper, including "usa today." that means we're back to benghazi. there has been subpoenas issued for hillary clinton's e-mails. let's get inside this