Where authorities and emergency crews have been responding to an active shooter at a supermarket. They first notified the public there was an active shooting around 2 30 local time. An Eyewitness Leave striemed the event on youtube. It shows what appears to be several shooting victims and police arriving on the scene with guns drawn. Nbc is reporting a shirtless man with blood running down his leg was escorted out of the store in handcuffs. Its not clear if the man was a suspect. Colorado mayor jared polis tweeted hes monitoring the situation. The doj appears ready to drop the hammer on the insurrectionist who led the siege at the u. S. Capitol. Some of the worst aggressors in the january 6th attack could soon be facing new indictments for sedition, one of the rarest and most stigmatizing criminal charges prosecutors can bring. Thats according to the former acting u. S. Attorney for washington, d. C. , michael sherwin. The Trump Appointee who led the investigation until earlier this months. In a 60 minutes interview, he said the growing body of evidence would support Sedition Charges. I personally believe the evidence is trending towards that. And meets those elements. Do you anticipate Sedition Charges against some of these suspects . I believe the facts do support those charges. And i think that as we go forward, more facts will support that. This comes after the Department Of Justice on friday unsealed new conspiracy charges against members of the far right extremist group, the proud boys. Who were at the forefront of the siege. The indictment reveals how their attack was premeditated and coordinated through an encrypted messaging app. Not only that, but the messages appear to show they readily embraced the Conspiracy Theory that joe biden stole the 2020 election. Thats the big lie, the former President Donald Trump amplified in the lead up to the january 6th attack. According to sherwin, the former president s role in the attack is still under scrutiny. Has the role of former President Trump been part of your investigation . Its unequivocal that trump was the magnet that brought the people to d. C. On the 6th. Now, the question is, is he criminally culpable for everything that happened during the siege, during the breach . In short, you have investigators looking into the president s role . We have people looking at everything, correct. Everything is being looked at. Sherwin said there are now over 400 criminal cases before the courts. That includes the two defendants arrested last week for using Onknown Chemical Spray to assault Capitol Police officer brian sicknick, who later died of his injuries. We could see Murder Charges pepding a report from the medical reporter. If evidence directs that to his death, we have causation, a link, in that scenario, correct, thats a murder case. Joining me now is msnbc counterterrorism analyst malcolm nance, paul butler, and rosa brooks, a former Defense Department official and author of tangled up in blue, policing the american city. Im going to start with you, paul. First up, just to explain to the laymen and lay women out there, what is sedition, and why is that charge so significant in the wake of this insurrection . Sedition is using violence to oppose the government or to prevent the law from being carried out. So its, for example, using violence to prevent the certification of the election. It would be a high Profile Charge that would carry a lot of symbolism. Some of the other charges have been obstruction of Government Property or damage or trespass, to a lot of people, that doesnt really fit the crime. So sedition says that what these folks tried to do was to overturn the government. Its a rare case. There has been one federal prosecution for sedition in the last ten years. Back in 2010, and that charge was unsuccessful. The prosecutors lost that case. So i just want to follow up really quickly. For the regular person, whats the difference between sedition and treason, or is there much of a difference legally . Treason is a crime thats named in the constitution thats Aiding And Abetting the enemy. Sedition is about people who on their own will, in this case, american citizens, want to overthrow the government. In a sense, its like a criminal law version of treason, but it doesnt require cooperating with or Aiding And Abetting enemies. In this case, the people who are charged are essentially enemies of the United States themselves. So rosa, we have some audio here. We talk about the idea of overthrowing the government. You had a lot of people who were part of this insurrection, part of this attack who consider themselves blue lives matter, yet they engaged in violence against police officers. I want to listen to this audio and get your commentary on the other side. Were not here for you. Were here for america. The Capitol Police force requests backup. These internal Radio Communications are from the reenforcements. Officers from d. C. s Municipal Police force, who were called in to help the Capitol Police. Police escalate their response and start using more Crowd Control weapons. Theyre shooting into their own people. We represent blue lives and this is what they do to us. Hold the line. Cruiser 50. 1033. I repeat, 1033. West front of the capitol. We have lost the line. Rosa, we have talked for months since this attack about the fact that you have some Police Force Members who seem to be sort of empathetic to the attackers. That some of the people who attacked the capitol are in Police Departments. When you hear this kind of video, is this the kind of thing thats going to be helpful in a prosecution . When you see these people sort of admitting theyre engaging in violence and were doing this for you, or does it muddy the waters between who the attackers are and who the supporters might be . No, i think it helps the prosecution. I mean, listening to that audio, seeing that footage, it is shocking. And it makes it very clear, this wasnt just a bunch of protesters who were protrump. This was a mob of people using violence to take over the capitol. And you know, i have actually always been very leery of using the word sedition talking about things like treason or sedition, because historically in the United States, those terms have often been used against minorities, against immigrants, against people on the left who were descenters and criticized the u. S. Government, but if ever there was a situation that cried out for the use of that symbolically very powerful term, this is it. This was a violent insurrection, and theres really no other word for it. I dont have any other word for it other than violent insurrection, but apparently, senator ron johnson does. We have a senator who has been saying for days now, in various environments, that, well, he didnt necessarily feel threatened, and he doesnt necessarily see why this is a problem. Malcolm, i want to ask you, when you have members of congress coming forward and saying, well, i didnt feel threatened, or the threat was only in this part of the building and not for me because i thought these were lawabiding citizens. Does that give you more or less confidence we could get a real investigation at the congressional level into what happened that day . Certainly not from senator ron johnson. Lets be straight up and frank. Hes a liar. We saw the video with our own eyes of him actually not him, but the insurrectionists going right into the Senate Chambers. Going through, you know, the notes of his fellow senators. Standing on the dais. Saying they were looking for information that would get something on them. Bringing wrist ties and flex cuffs into the Senate Chamber themselves. And you know, the Vice President being within 100 feet of these insurrectionists. Whats going on here is ron johnson has decided he is going to be the executor of Donald Trumps big lie, and they are desperate to cover for the violent actions of their supporters. Hes also pushing, you know, antifa and other people were in there doing that. Look, i monitored their communications in real time. I watched their video streams in real time. Before the speech had ended, and they were already fighting on the western wing of the Capitol Building, with some ferocity. And you know, i had six different researchers watching them penetrate the building. And for them to suddenly go and say, it wasnt our people. We didnt do it. I didnt feel any threat because, you know, they were essentially nonblack people, nonantifa people, is just pandering to people who are literally carried out crimes. And you know, i dont know if he actually believes this or if he just thinks that hes going to get reelected by pushing the trump party line, but it shows you cant trust that man. You cant trust a word out of his mouth. Yeah, you know, if i was saying i felt safe at a klan rally, it doesnt mean the klan is safe. You know, paul, i want to bring this back because as we have begun these investigations, one of the concerns i have had is that youre already seeing plea deals. Youre already seeing examples where people are pleaing out or pleaing to lesser charges. To me, an insurrection is an insurrection. Theres no such thing as a little big pregnant, a little bit murder, a little bit insurrection. Why have we already seen plea deals and is that to catch bigger fish down the road or because the government doesnt think they have a strong case against these people . Part of the reason could be to get people to cooperate with the government, to turn in people who have more involvement and more culpability. So in the insurrection, we had some people who essentially trespassed. They entered the capitol, but they didnt try to harm officers or commit any acts of violence or property destruction. And then we have other folks like these four proud boy leaders who were indicted last week, who engaged in advanced planning, deliberations, concealment, and we have other folks who were very likely involved in the murder of officer brian sicknick. So there should be a range of charges that fit the appropriate criminality. And i think thats what prosecutors are doing. Theyre hoping that some people will cooperate to help them find the people who were the leaders and planners of the insurrection. And rosa, again, we had a large number of people involved in this insurrection who were either current or former Law Enforcement officers. And while were focusing on what happened in d. C. , a lot of people went back home, went to their home states. Theyre now back to the Police Departments they were in before. Is there a National Movement or shouldnt we be having a discussion about what we can do to purge these kinds of people or these attitudes from local Police Departments and what would that look like if we could do it . Jason, i think this is a huge wakeup call. This is something that we have had groups like the Southern Poverty Law Center have been warning for a long time now. That some of these far right extremist White Nationalist groups have been actively trying to recruit from within Law Enforcement and have been actively trying to encourage their members who are not in Law Enforcement to join. Precisely in order to essentially subvert it from within, and we dont what we dont know is exactly the extent of the problem. We dont know if this is a problem for 1 ,. 1 , 10 , 40 . But i think this makes it really clear that its incredibly urgent that we find out. I think the problem, as you know, is that policing in this country is completely decentralized. Its state level, municipal, and we have some Police Chiefs and sheriffs who probably if theyre not active members may be sympathetic to some of these groups. I think its going to be a long haul to identify those people and get them out of Law Enforcement. I think the federal government is going to have to play a leading role because we cant always assume that local Law Enforcement will be as enthusiastic as they ought to be, but weve got to do it. I want to end with this. Malcolm, we have talked about this on our podcast, we have talked about this before on the air, of what kind of changes security wise might be necessary in Congress Going forward. Theres a debate right now in d. C. , should we be taking down the gates. What changes do you want to see in congress after this as far as security goes, even as we continue to investigate some of the people who attacked. What should we do differently in the Capitol Building now . Well, certainly, the physical security within the Capitol Building is going to have to be beefed up. You know, theyre going to have to install blast doors around the structure so, doors that can be shut completely, which they should have had anyway. Its a Counterterrorism Measure there. Theyre going to have to also have Rapid Response force that is completely and wholly independent of the metropolitan Police Department, capitol hill police. Maybe the marines will have a much more Rapid Response capability. The d. C. Guard may have to have ready teams or Equipment Standing by with, you know, 30 onehour, oneday notice in order to mobilize for these things. But the capitol is probably going to have a permanent fence around it that will be a closer perimeter than whats there right now. But you know, my beloved late wife was part of the Planning Commission after 9 11. And she was architect of washington, d. C. , and she had recommended a, you know, palace fence that was beautiful, like buckingham palace, around the entire capitol perimeter, and it wasnt implemented. Now we can see where that may have been necessary. Thank you so much, malcolm nance, and rosa brooks. Paul butler will be back. We continue to follow tonights Breaking News. Police responded to an active shooter at a Grocery Store in boulder, colorado. And up next, the growing number of unaccompanied children at the southern border. We have new images from inside one of the border overflow facilities. Plus, a State Of Emergency in miami beach. After Spring Breakers egged on by Governor Desantis flood into the city amid the pandemic. The reidout continues after this. The epson ecotank. No more buying cartridges. Look at all this ink it comes with. Big ink tanks. Lots of ink. No more cartridges. Incredible amount of ink. The epson ecotank. Just fill and chill. We look up to our heroes. Idolizing them. Mimicking their every move. And if she counts on the advanced hydration of pedialyte when it matters most. So do we. Hydrate like our heroes. I have an idea for a trade. Why dont you call Td Ameritrade for a Strategy Gut Check . Whats that . You run it by an expert, you talk about the risk and potential profit and loss. Couldve used that before i hired my interior decorator. Get a Strategy Gut Check from our trade desk. Its moving day. And while her friends are doing the heavy lifting, jess is busy moving her xfinity internet and tv services. It only takes about a minute. Wait, a minute . But what have you been doing for the last two hours . Delegating . Oh, good one. Move your Xfinity Services without breaking a sweat. Xfinity makes moving easy. Go online to transfer your services in about a minute. Get started today. The border is closed. We are expelling families. We are expelling single adults. And we have made a decision that we will not expel young, vulnerable children. The Biden Administration is making clear the southern border is closed. As it steps up efforts to address the ongoing Human Rights Crisis there amid a surge in migrants. According to data obtained by nbc news as of sunday, more than 4800 unaccompanied Migrant Children are in customs and Border Patrol custody, bringing the total number of unaccompanied minors in Government Custody to nearly 16,000. Were learning more about the conditions inside some of those facilities. Texas democratic congressman cuellars Office Released photos taken inside an Overflow Facility. His office says the pictures were taken this weekend, although we dont know by whom. We received the photos with the faces already obscured. They didnt comment on the photos but didnt dispute their authenticity either. Connecticut democratic senator chris murphy toured a separate facility last week. He tweeted he fought back tears as a 13yearold girl sobbed uncontrollably, explaining through a translator how terrified she was having been separated from her grandmother and without her parents. Heres how he described it today. I wouldnt want, you know, my children to be in those detention facilities, but this isnt 2019. These arent cages. There are doctors and child care workers there. And the Biden Administration is trying to, you know, deal with a mess they were left from the Trump Administration. The Biden Administration has dispatched top officials to mexico and Central America to jointly develop a plan of action. Nbc news has learned Border Agents in the Rio Grande Valley has been authorized to release some migrants without court dates to reduce the time migrants spend in custy. Joined now by Texas Democratic congresswoman veronica escobar, and nbc correspondent gabe gutierrez. I want to start with you, gabe. What does it look like on the ground . What is an Overflow Facility for people who dont necessarily know what that means or what that looks like right now . Reporter hi there, jason. Were right in front of that facility that you referenced. Here in donna, texas, about an hour outside of mccown. And this was initially built for about 250 migrants, but now, were seeing more than 3700 Migrant Children in this facility alone. You referenced those pictures that were leaked today by congressman Henry Cuellar here in texas. And he said he released those photos because he wanted the public to see the situation here. He says that while the Biden Administration in his words is doing all it can, that these numbers are overwhelming, and that people need to pay attention. Now, as you said, he did not tour the facility himself, but someone gave him these pictures. He wouldnt say who, but he also said he was told there are eight pods inside this facility. Each of those pods has a capacity of about 250 people. Right now, one of them has more than 400 people. And jason, if you look behind me, you see these Border Patrol vehicles there. You see a lot of activity, buses coming in and out. And basically, Migrant Children are brought to facilities like this one to be processed by the Border Patrol before theyre then given to the department of health and Human Services so they can find a sponsor. The problem here at the border right now is there is such a rise in the number of unaccompanied minors that more than 800 of them or so have been in the Processing Phase for more than ten days. And that is far beyond the threeday legal limit for all this. So certainly a lot of questions for the Biden Administration and how to reduce this backlog and to send more resources here. Of course, republicans are pouncing on this issue. Jason. And gabe, followup real quick on this. What is this new surge about . Is there some new instability . I know there are initial conversations with mexico. What is leading to the recent surge in migrants at our border over the last four or five months . Reporter and something that the Biden Administration has pointed out is that there was they were starting to see an uptick in people coming to the border, in migrants coming to the border in the tail end of the Trump Administration. Now, we had been speaking with migrants over the last couple days, jason, both here on the u. S. Side of the border, but also in mexico. While some of them told us they didnt know the specifics, of course, of the change in biden policies, of course, the Biden Administration is now choosing to keep unaccompanied minors here in the United States. Others did tell us that they generally felt a loosening, rather, of border policies, of the restrictions that the Trump Administration had put in place. And thats why they felt now is the time they needed to come. But jason, this is a very complicated issue. Its not just one thing. Many of the migrants we spoke with say in Central America, they fear the violence in the Central American countries, also in southern mexico, and late last year, there were hurricanes that battered parts of Central America and nicaragua, so economically, there are lots of issues there. Certainly, this in some ways is turning out to be a perfect storm here in the early part of the Biden Administration. Jason. Speaking of storms, texas has been battered by them recently. Congresswoman escobar, i want to play you some sound from your governor. Theres obviously a lot of tension within texas, both politically and from a Policy Standpoint on how to deal with these migrants. His suggestions and his implications about the people coming here arent helpful. I would like your thoughts when we come back from this. Now the Biden Administration is Importing Covid into the state of texas, posing more texans to that. And who knows what were going to see, whether or not there will be an explosion of covid in the locations where the Biden Administration is putting these migrants. Congresswoman, is this language at all helpful . I mean, distribution has been pretty low in texas in general. But the implication that bringing in people in a humanitarian crisis is going to lead to a Health Care Crisis of covid, that doesnt seem helpful to me. How is that playing back home in texas . Hi, jason. First, i just want to say to our friends in boulder, colorado, my heart goes out to them with whats happening there, the active shooter. We have had an active shooter in el paso in the past, august 3rd, 2019. Im just praying for everyone there. But you know, jason, the words of Governor Greg Abbott are actually really dangerous. Speaking of an active shooter, you know, we had an active shooter who came into el paso whose hatred was fueled by xenophobic, antiimmigrant rhetoric that came not just from the white house at the time, from donald trump, but came from people like Governor Greg Abbott himself. The idea of immigrants bringing disease, that is an old racist trope intended to inspire fear and hatred. Hes done it before. It is absolutely reprehensible. And something that folks should understand, fema, under the Biden Administration, offered to help the state of texas with Testing Migrants as they were coming in to our front door. Governor greg abbott rejected that help. And in fact, has stood in the way of our ability to access that help. And yet, he immediately then goes on cable news shows, fox news, to decry the fact that migrants might have covid, when he can help us address the issue. Its a really shameful and dangerous. And i want to really hammer home this point. What youre saying is, this kind of language leads to violence. And i want to make that so clear. Thank you so much, congresswoman veronica escobar, and gabe gutierrez. Still ahead, the city of miami beach has extended an Emergency Curfew after chaotic scenes like these. Police used pepper balls to disperse maskless partiers. That citys mayor joins us to talk about what comes next. And were awaiting a Press Conference this hour with the Boulder Police on the shooting at a Grocery Store there tonight. Stay with us for that Breaking News. Opportunities are all about timing. So if youre turning 65 or retiring soon, its time to take advantage of a plan that gives you more for your medicare dollar an aarp Medicare Advantage plan from unitedhealthcare. Call unitedhealthcare today to get 0 copays for all primary care doctor visits, 0 copays on preventive dental, and 0 copays on hundreds of prescriptions. In 2019, members saved an average of 7,200 on prescriptions. 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More than 1,000 people have been arrested in miami beach since the beginning of spring break season last month. Joining me now is miami beach mayor dan gilbert. Thank you for joining us this evening, mayor. I have got to ask you this up front. I can imagine there are regular challenges to managing miami beach in a nonpandemic year. So tell us some of the regular challenges that you have as mayor during this time, and how they have been complicated by the covid pandemic. Well, thanks for having me, jason. And your interest in this. You know, look, our city is a great city, a hospitality city, 7 1 2 miles of beaches, stunning architecture, all these great venues and this is a pretty small area, but we do obviously have Crowd Control issues when we have big events. We generally are pretty good because we know how to move people around and our residents understand that. This is of a different order, i need to correct you, i dont think these are Spring Breakers. I dont think these are mischievous College Sophomores wanting to have fun. I think its older folks who are coming in because they have been some of them have been probably want to let loose somewhere or worse, some of them are coming with real bad intentions. Most of the people here are not like that. But too many are, and its created a policing challenge because when you have thousands of people in an open road, and theyre starting to do things and it becomes like a tinder, and we had a couple instances where we have felt like we lost control. So we have to do this because losing control is just not an option in an american city. And are the crowds bigger than in years past . I mean, or is this are they just rowdier, how does this crowd differ this year other than the pandemic . Is it just a larger number . We think its bigger and we think it keeps coming. I think if you think about it, there are very few states that are open, and there are very few destination cities that are open and the governor made it so we have to be open. We arent even allowed to do some of the things we have been doing, like requiring people to wear masks. He stopped us from imposing the mask mandate we had and were enforcing. Were getting more people, and we also seem to be getting people who maybe because they have been somewhere not able to do what they would like to do are coming here to act out, and sometimes its not just, you know, rambunctiousness, its gun play. We have taken 100 guns from people over the last month or two, mostly from License Plate Readers where there was a person with a gun who had an outstanding warrant. So this is not, you know, this is not spring break. This is something of a different order. Mayor gelber, i want to play this sound for you. People talking about the role that Governor Desantis is playing in bringing people to the state, and get your comment on the other side. Governor desantis knows far better than anybody in washington, d. C. Whether florida is ready to be open. I trust his judgment. And i hope that people get on airplanes and go to florida. I know im going to. Now, mr. Mayor, this sounds to me like your roommate in college who tells the bar, hey, partys back at our place and doesnt tell you when everybody shows up at the house. Is Governor Desantis offering any additional assistance to miami beach when hes going around the whole country and telling people to come there . Or did he basically just tell you guys, hey, you have to handle it. Everybody is coming from the corner bar . I actually spoke to his Chief Of Staff a few days ago and asked for two dozen florida Highway Patrol to deal with the other folks who have been sending us help, and he agreed, so we have some Highway Patrol. He has helped. The problem, though, is that, you know, local mayors like me have been sending an entirely different message. We have been telling people, wear your masks. Be smart about this. The virus is still here. We have 35,000 deaths in florida, and my county has about 1,000 infections a day, and 50 to 100 people checking into the hospital every day. And were telling them to do one thing, and the governor is telling them to do something else. And its not a smart thing when you have these kinds of challenges to have different messages going out. And at this point, if my understanding is correct, miami beach has about an 8 or 9 Infection Rate at this point. Its one of the most covid infected cities in florida. Is this correct . The county has between 5 and 10 . Thats the range we have been in. And we are part of the county, of course, our challenge is that our residents have been terrific. And most of the city is fine, by the way. But whats happening is we take most of the people coming are not from our city. Theyre from the county or really from the rest of the country, and what we dont want to do is have people come here, do what you see theyre doing, and go back to their communities, even if these young people can handle it just fine, who knows what theyre going to do when they get back home. We dont want to be part of a fourth wave or a fourth surge. Its not what we would like to do. And i want to also bring this up so the governor last year in 2020 had proposed Something Like i would call it a College Student bill of rights. He said this is just what college kids do. This is an important part of our state. Look, honestly, he clearly wanted to make a bill of rights that doesnt include voting, as he hasnt made that easy for college age kids. What do you say to his staffers when theyre telling you, hey, this is just an important part of our economy. People have to come party. And youre sitting there saying, hey, look, theres going to be longterm financial consequences. Is anybody listening to you or do you think its falling on deaf ears . I have had some pretty public disagreements with the governor about hout hes handled the pandemic. I can tell you that for me, its very simple. The more infections we have, the more hospitalizations we have, and the more hospitalizations we have, the more deaths we have. And serious hospitalizations. And we have way too many. So for the governor to decide that he just isnt going to preach the idea that we should all be smart, you can open up smartly. I dont know why he insists on telling people, just go crazy. Its fine. Because honestly, this is what were getting, and its both dangerous and, by the way, it could be easily a superspreader, and we dont need that so close to the end zone. Definitely. All right, thank you so much, miami beach mayor dan gelber, thank you so much. Meanwhile, were continuing to monitor tonights Breaking News from boulder. Authorities and emergency crews have been responding to an active shooter at a local supermarket. Video posted on youtube showed what appears to be several shooting victims and police arriving on the scene with guns drawn. The fbi is involved in the response. Colorado governor jared polis tweeted, quote, my prayers are with our fellow coloradans in this time of sadness and grief, as we learn more about the extent of the tragedy. Unquote. Any moment, Boulder Police will hold a Press Conference to update the situation. Joining me now is jim kavanaugh, former atf special agent. Good to speak to you again. Unfortunately, under sad circumstances, as usual. I have to ask you up front, jim. When we see active shooter situations like this, my first question is, one, what do you think could motivate this kind of activity . Especially in a pandemic. What would drive someone in general to want to engage in this kind of violence where theres not only the threat of people responding in kind, but just being outdoors and in proximity to other people can make you sick. Well, you know, the country is under tremendous stress, and people are under tremendous stress. Not only the political situation, the capitol insurrection, the pandemic. I mean, the country is stressed. The world is stressed. With shooters, we also have, jason, a Copycat Effect sometimes. We had this horrendous hate crime, and lets call that what it is in atlanta. Whether it gets charged as that, you know, is a nuance of the elements of proof of a federal criminal or state criminal violation, but it is a hate crime. I mean, we know that the attack at the asian spas against asians and females, both are hate crimes. So sometimes when those are in the news, actors act out their desires. It can be a murder at home, kill their family, could go to the market and start shooting. It can be tied to one of these hate groups. I mean, they are ascendant in america. You know, i have said many times and i think you and i have discussed it, its really worse than the 60s in the level of killings we have had in the last ten years. We have a lot of stresses out there. That doesnt justify violence. But it just goes to the mindset of people that theyre going to act out just like this killer in atlanta. Hes going to act out against people. And lash out against people, fellow americans. And kill them, as if that solves anything. And you know, why is a person shooting somebody at a supermarket . You know, shades of el paso, which was a hate crime, again. Against immigrants, 22 people dead. So we dont know what the motive is in colorado. We dont exactly know. Its going to be a heart of heartache over there because one of the witnesses earlier on ari melbers show said they saw three people down, two outside and one inside. And there was a lot of reports of gunfire and reports that the shooter shot at Boulder Patrol officers when they arrived. And i saw s. W. A. T. Officers there, jason, from boulder, lakewood, jefferson county. Sure the state police are there, and fbi and atf are there. So everybody is there. Everything is going to get done. The key for the commanders is you have to stop the killing. Its not about evidence when you get there, like this. Its not about anything like that. Its stopping the killing. And you have to do that by locating it, isolating the killers. If theres only one, you sweep for others, and then you check for bombs, and then you check for other victims even at other locations. Thats going to be a lot of Heartache Tonight In Boulder and a lot of work tonight in boulder. Okay. Youre going to stay with us. Were going to take a quick break. When we come back, i believe well be at the beginning of the Press Conference in boulder, colorado. This is Jason Johnson in for the reidout. Stay with us. I am robert strickler. Ive been involved in communications in the media for 45 years. Ive been taking prevagen on a regular basis for at least eight years. For me, the greatest benefit over the years has been that prevagen seems to help me recall things and also think more clearly. And i enthusiastically recommend prevagen. It has helped me an awful lot. Prevagen. Healthier brain. Better life. Trelegy for copd. Birds flyin high, you know how i feel. Breeze drifting on by you know how i feel. Its a new dawn. If youve been taking copd sitting down, its time to make a stand. Start a new day with trelegy. No oncedaily Copd Medicine has the power to treat copd in as many ways as trelegy. With three medicines in one inhaler, trelegy helps people breathe easier and improves lung function. It also helps prevent future flareups. Trelegy wont replace a Rescue Inhaler for sudden breathing problems. Tell your doctor if you have a Heart Condition or high Blood Pressure before taking it. Do not take trelegy more than prescribed. Trelegy may increase your risk of thrush, pneumonia, and osteoporosis. Call your doctor if worsened breathing, chest pain, mouth or tongue swelling, problems urinating, vision changes, or eye pain occur. Take a stand and start a new day with trelegy. Ask your doctor about oncedaily trelegy. And save at trelegy. Com. [drum beat and keyboard typing] [keyboard typing] [trumpet] [keyboard typing] were standing by for a Press Briefing by the Boulder Police any minute to update on the shooting at a local Grocery Store. Back with me is jim kavanaugh, former atf special agent, and joining me now is ari melber, msnbc chief Legal Correspondent and host of the beat. I want to start with you, ari, because this is always the first question that comes to mind when we have these kind of terrible shootings. What is the sort of status of gun laws in the state of colorado . Do they have a lot of loopholes . Is it you can buy a gun and shoot it the same day . What might be the circumstances that allow the shooter to get access to their gun in that state . Well, ill say, jim is the atf expert, can also give us insight on that, so happy to tag team that. This story first broke on msnbc at least in our live coverage, asio know, jason, just within the last hour. Were looking at some of this footage that has been cleared from zfg, and our standards have cleared this. You have been mentioning theres much we dont know at this point. The footage we also have of an individual leaving the scene may or may not be confirmed as a suspect. I think what we expect in the Upcoming Press conference is a briefing on what they can say on the safety and security of the situation, what people should know in that neighborhood, if and whether theyre seeking additional information, be that about the individual or individuals that they think they have apprehended or other background information. The overhead shots that we have seen, and jim and i were reporting this out last hour, do suggest some level of security and the scene being eventually under control. And i dont believe i know, and ill defer to jim as well on what if anything we can say about the firearms situation based on what the authorities have said. We hope to learn more at this briefing. Right. And jim, are you aware of, you know, would you consider colorado to your knowledge to be a state where access to guns is relatively easy . Is it perhaps more challenging . Do you know anything about that, and again, the role that may or may not play when we have Mass Shootings . Yeah, usually, the Western States, and you know, i dont know every specific bit about colorados law, easy. Normally the Western States are pretty easy, open carry, permitless carry, they may require a permit to carry concealed, but acquiring a firearm, anybody who is 18 can buy a rifle. Colorado is not prohibiting that, and thats federal law. Most of the states allow that in the west. And handguns can be purchased from dealers if youre 21. And generally theyre not illegal to possess. Now, the reports from the news, other news in the local news but not nbc confirmed is that there was an ar15 rifle and some body armor. I already had a witness on that said two people down outside and one person down inside that were apparently wounded. So there is some victims, apparently. We dont know the extent of it. There was a man walked out, had the video. Anybody who comes out can say im just a witness, im just a victim, and they could very well be involved. And so often they are just a witness. Police will handcuff them, its routine to take them in, theyre questioned, theyre identified while the sweep is going on, and then theyre just released anywhere just a witness. We dont know who that man. They moved up with the armored unit with their rifles. There might have been some negotiated attempt. There is the video we had earlier that walked. He just had on a pair of shorts. We dont know if they suspect him or if hes just a witness. Hes being checked out. It could be either way. Even a wounded shooter still gets medical attention, goes through an ambulance, or he could be just a victim who was shot and they dont know his identity. Its going to be a long night in boulder, because a tremendous amount of investigation. You know this, because an isolated incident is not good, you have to be more specific than that. You have to tell who you have in custody, what firearms you have, what areas you searched, what other allegations are afoot. Sometimes in these things you get reports of multiple shooters. Ive never been to one where there werent reports of multiple shooters, and weve always swept for multiple shooters, but usually you have witnesses seeing different things. Were going to bring in nbcs Gadi Schwartz. I just wanted to ask, what are some of the other things that we picked up on the ground . What are some of the concerns that people have had . Have we heard additional rumors about other shooters or is right now people are just sort of calm and waiting for what this presser is going to present us . Reporter i think right now a lot of people are just waiting for that presser, and we have seen a lot of unconfirmed rumors that have been swirling on social media. In fact, just a little while ago the Police Department in boulder put out a statement saying there are these rumors swirling. Many of them are untrue. Right now were going to completely hold off on any type of speculation until that Press Conference starts in about 10 minutes with some concrete information. What i can tell you, though, is weve been monitoring this from a livestream that went up just a few minutes after that shooting. So we have seen with our own eyes through this livestream some of those moments right after that shooting happened and during the shooting as well. It appears as though that livestream was started by a man who said he was a journalist and he was headed into that store and all of a sudden he started to hear some shots. So that video shows a lot of things that we are not going to be showing on television, but what we can tell you, from reviewing that video and seeing it play out live is that there were several bodies. There was a body in the parking lot that appeared to be face down, there was a body in the entryway of that supermarket, and then there was a body inside of the supermarket. At this point it is unclear if they may have survived, what the extent of their injuries were, but that livestreamer had come across them basically as he was broadcasting to Tens Of Thousands of people, and so we saw that play out, then all of a sudden he pulls back, starts taking cover as you hear the sounds of shots being fired. And that continues on for about 10, 15 minutes, shots fired, and then you finally see Police Descend on that king soopers, and thats what youre seeing in that video there, those officers swarming the building and many of them going onto the roof. So you had officers in all directions that were basically surrounding the building. They started to tell whoever was inside that they were surrounding the building, to come out with their hands up, and you saw them on the roof. Then you saw what appeared to be officers somehow descend into the store, and then things took a turn where you saw a man that was led out in handcuffs, and he had been stripped down to or possibly removed his clothing himself, but he was not wearing a shirt, he was not wearing pants. He appeared to have been just been wearing boxers and he had some sort of injury on his leg, and he was dripping blood as they took him from that store. At this point, again, he was in cuffs but its unclear whether or not he was a suspect in this shooting. All of it was developing. In fact, thats the video you see right there. Thats the man being led over to a police car. And, again, unclear if he is the suspect, but after that, things started to relax a little bit at the scene and then we started to see people led out of that building. But still no word whether the actual gunman is in custody at this moment. Back to you. I want focus on that image, ari, that you had earlier on your show. When this Press Conference happens, obviously the police have to be very careful. They have to be very careful with their legal language. What is some of the language that theyre going to have to be very careful with . Because the public sees a guy being walked out of a building in handcuffs with blood going down his leg. But obviously that person cant be we dont know if that person is a suspect. We dont know what theyve done. Whats the kind of language well hear in a Press Conference as the police try to stay within the confines of the law but also tell the public that this is being handled and being investigated properly . Yeah, its a great question, jason. This is an incident of interest, obviously, in boulder, colorado and around the nation when you look at Something Like this when what weve learned about it. You can expect the police to speak first in terms of the action report. That is, before you get to the phase of whether and how other authorities or prosecutors would charge a case, the police will say what they think they found without compromising the investigation, whether they think they have identified a suspect, whether they say theyve secured the area, who theyve detained. So whether or not that comes with identifying information, if they are in a position to give this briefing, which they are, theyre running a few minutes behind, but we expect it momentarily, we would expect them to be able to say things about if and who they comprehended anyone, the number of victims or possibly and were not reporting this, but possibly the number of victims or deceased in this situation. Those are the kinds of things they can say as well as, as always, and we were discussing this earlier in our coverage, whether theyre seeking assistance from the community about this. Whether its about further people theyve identified or anything else in the neighborhood afterward. This was as described, an active shooter scene, certainly harrowing. The scene were looking at now is both an eye on when we expect this outdoor Press Conference to commence and some of that footage thats been cleared bystanders outside the scene in boulder, colorado. We would expect them to at least have the bare bones of that portrait to share, both with the community and those interested around the nation following this tonight. Gadi, we talk about the community as a whole. Paint us a little bit of a picture. What kind of neighborhood is this in boulder . Is this sort of near the center of the city . Were seeing this sort of sky drone view, and i cant quite tell what Grocery Store this is, but is this a busy part of town . Is it out on the end . Where are we in boulder where this shooting has happened . Its a king soopers that is pretty busy, especially around this time. Just by seeing that livestream, there were a lot of people inside the store, a lot of people out in the parking lot as well. Its not exactly in the middle of boulder, its kind of on the outside of boulder, but it is definitely in boulder proper. It took about two, three minutes for officers to get there, and then youve got several schools around the area, too, and so some of those schools had activities that were going on. Those activities were also put on lockdown. But right now there are just people starting to gather on the outskirts of that pretty massive perimeter just trying to hear anything they can about possible victims and about Family Members that they know may have been shopping inside that king sooper there. A while ago we got a statement from the owner of king sooper saying there are victims but they defer to the police for any information. This is tragic, unfortunately, again. Thank you, ari melber and Gadi Schwartz as we wait for information on the shooting in boulder, colorado. All in with chris hayes starts right now. Good evening from new york. Im chris hayes. We have, of course, Breaking News from boulder, colorado where a shooter opened fire at a Grocery Store this afternoon. This is just before 3 00 p. M. Eastern time. Police have not released victim names or suspects, but there are