Schedule. Remember that esquire article, and we made recommendations for a wellrun senate, which included fiveday weeks. Someone read it. Someone actually read it. And theyre going to do six in a row. Im telling you, its a great recommendation, but theyre going to drop like flies. Well, president obama brought the discussion of ferguson to the white house today. When any part of the American Family does not feel like it is being treated fairly, thats a problem for all of us. Ferguson is on the president s mind. To enhance understanding and cooperation between Law Enforcement officials and local communities. Theres got to be a way we can do better. Is meeting together for the First Time Since the grand jury decision. We dont want it to become another bureaucracy, taking the information and doing nothing. Im here forever screaming, crying, praying. Im a citizen of ferguson, im depending on you. Darren wilson resigned from the Ferguson Police department. In washington, d. C. , demonstrators blocked traffic, staged a diein protest at st. Louis county retail stores. Five players came out with their hands up. The assistant District Attorney handed the grand jury an old, unconstitutional law. The protesters really believe that Michael Brown was targeted. Which said incorrectly, that it is legal to shoot fleeing suspects, simply because they are fleeing. Protesters are still looking for some sense of justice. Darren wilson, who shot and killed the unarmed 18 year old Michael Brown resigned from the Police Department on saturday. He will not receive any severance or benefits package. In a letter he said, it was my hope to continue in police work, but the safety of other Police Officers and the community is of paramount importance to me. It is my hope that my resignation will allow the community to heal. Ferguson will need more than just Darren Wilsons leaving. The person who led the grand jury investigation clearly sided with officer wilson. The analysis of the grand jury transcripts reports quote, the prosecutors rarely asked skeptical questions of officer will s p and frequently let testimony supporting him pass unchallenged while boring in on the statements of witnesses whose accounts conflicted with the officers. The most positive assessment of the grand jurys work was that she was utterly and completely incompetent. The other possibility is that she was actively biased in Darren Wilsons favor and acted in an unrow fegsal and unethical manner on her bias. As i pointed out on this program last week, in a stunning burst of incompetence or deliberate misdirection, she handed the grand jury a copy of what she said was the law governing police use of deadly force. But it had not been the law since 1985, when the United States sleep court ruled it unconstitutional. Cathy aleez day handed the grand jury a copy of an old, unconstitutional law that had not been the law during her entire legal career. It was a law, very favorable to darren wilson, because it said police in missouri had the right to shoot any fleeing suspect simply because the suspect is fleeing. The Supreme Court ruled that unconstitutional in 1985, but cathy lease day did not tell the grand jury that. She let them sit through virtually all the testimony believing the old law was still in force. And only at the very end of the grand jurys roses, just before they were ready to deliberate, did cathy leez day hand them a new document, specifying the correct law on police use of deadly norforce, and she told t as she handed them the law, that does correctly state what the law is on when an officer can use force and when he can use deadly force in effecting an arrest, okay . I dont want you to get confused. And dont rely on that copy or that printout of the senatatute that ive given you a long time ago. There is not entirely correct or inaccurate. But there is something in it thats not correct. Ignore it totally. Now we all learned the answer in high school. It is one word, yes, but she could not bring herself to give that answer. That simple one word answer. Instead, cathy aleez day who took an oath as a lawyer, to guide that grand jury in the most honest and ethical way possible refused to answer that simple question from a grand jury. Does the Supreme Court override the missouri statute. And instead, Cathy Alizadeh told the grand jury, quote, just dont worry about that. The other District Attorney with her in the room chimed in, we dont want to get into a law class. The grand jurors question didnt require a law class. It required a single word answer, yes. Cathy alizadeh never explained what was incorrect about that old constitutional law that she had given them, and she never explained to the grand jury the specifics of the new law that she handed to them on a piece of paper at the end of their investigation. Cathy alizadehs name does not appear in most reports and analysis of the Michael Brown case, but no one had a stronger influence on the grand jurys decision than Cathy Alizadeh. We have invited Robert Mcculloch and Cathy Alizadeh on to this program. And we have submitted the following questions to the District Attorney. How many times has Cathy Alizadeh submitted the wrong law to a grand jury for its Legal Framework for an investigation . How many times has the District Attorneys office as a group submitted the wrong law to a grand jury as the Legal Framework for that grand jurys investigation . And is the Michael Brown case the very first time that the District Attorneys office submitted the wrong law to a grand jury for the Legal Framework for its investigation . We have received no answers to any of those questions. Joining me now is kendall coffee, a prosecutor. John burris, i want to go to you, because were now at the stage where the question is, whats next. Theres two possible questions here. One is the federal investigation and a possible federal prosecution and secondly, what civil remedies does the family have in bringing a lawsuit . Two things. In terms of a federal prosecution, the u. S. Attorneys office or department of justice can bring a criminal lawsuit against the officer under 18 us 242. And race is not required. It is just really the use of Excessive Force under the color of law. That can be done. Thats not that challenging of a case. Its not any different than bringing a murder case against a police officer. That actually can be done, although people think it cant be, i think it easily, it can be prosecuted. Theres plenty of evidence to show technically when an officer says that he contemplated his legal right to take this shot, the last two shots. That certainly suggests to mow that was a reckless disregard. Now of course they can bring a federal civil rights case under 42 usc 1983. These are common cases that are brought all the time. Ive brought many of these types of cases, and, again, its the question of whether Excessive Force was used. In this particular case, the standard and burden of proof is less, its preponderance of evidence, whereas in a criminal case, its proof beyond a reasonable doubt, which is a much higher standard, but its not any different than the standard you have in a regular criminal case. So i think either one of those can be brought, i know the civil case has to be brought. Thats easy enough to do. Thats a private matter, can be done by private lawyers. On the other hand, the criminal case has to be brought by the u. S. Attorneys office or it can be brought out of the department of justice in washington, d. C. That also can be done. We had that in the rodney king case. Here i think the concern is that the state, prosecutors have messed up the case by their examination of the various witnesses. And making it very difficult to bring another case. But at the same time, if you listen to the officers statements, those statements in and of themselves seem to constitute the basis upon which a civil rights case can be brought and won. Because of his statements to shoot a man who had been wounded two or three times, who was walking, woundedly, he claims that he had some supernatural strength and he took the necessary effort to shoot this young man twice, in the face and in the head, and he did that when he was 30 or more feet away. Thats murder. Kendall coffee, your reaction to how this grand jury worked. I went through last week about Cathy Alizadeh submitting the wrong law as the framework for this investigation, before officer wilson testifies, and at the very last minute, one of the last things she does before that grand jury goes off to deliberate among themselves is she hands them the right law. But in both instances, she hands it to them on a piece of paper. She doesnt explain the law to them. Theres no excuse for misstating the law at such an unfortunate time in front of the critical witness. Nor can it be justified that there was an ambiguous attempt to correct the misstatement toward the very end. And i think what this illustrates, and i want to get back to the point that john just made is that the federal lo ses should take a very independent look at these facts, not relying on the grand jury determination in the state and local process. Because as weve seen, there were many flaws in that process. Im saying this with the utmost respect to the individual grand jurors but a lot of concern about the process itself. So that should not be a process that causes the feds to say, hey, they couldnt meet the state burden. We cant really seriously consider whether theres enough evidence here to meet the admittedly higher federal burden of showing some intentionality. Its not a burden to show racebased discrimination or conscious thought about the constitution, but you do have to show reckless degree of intentionality and the with use of Excessive Force. And if you take the preponderance of witnesses who said they saw some sort of gesture of hands being raised. If you take some of officer wilsons statements and examine them through a window that says, what if he was lying. He said there was a hand reaching for the waist band on the part of Michael Brown. No other witness seems to have said that. He, officer wilson didnt seem to see the hands being extended up, as a number of other witnesses said. So if you piece together, not only the witness testimony that favors a homicide prosecution, but also what a prosecutor might say are false, exculpatory, that is to say statements by officer wilson that inaccurately attempted to portray a picture of innocence, you could add up to a case, it wouldnt be an easy federal case, but it is certainly something that needs to be seriously considered. Kendall kof fee and john burris, thank you for joining me tonight. Coming up, janay rice speaks out. And drones flying too close to commercial airliners. The faa is taking action. [ hoof beats ] i wish. Please, please, please, please, please. [ male announcer ] the wish we wish above all. Is health. So we quit selling cigarettes in our cvs pharmacies. Expanded minuteclinic, for walkin medical care. And created programs that encourage people to take their medications regularly. Introducing cvs health. A new purpose. A new promise. To help all those wishes come true. Cvs health. 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Up next, ray and janay rice speak. Its not about how many miles you can get out of the cmax hybrid. Its about how much life you can fit into it. The ford cmax hybrid. With an epaestimated range of 540 miles on a tank of gas. And all the room you need to enjoy the trip. Go stretch out. Go further. A dry mouth can be a common side effect. Thats why theres biotene. It comes in oral rinse, spray or gel, so theres moisturizing relief for everyone. Biotene, for people who suffer from a dry mouth. Into one youll never forget. Earn triple points when you book with the expedia app. Expedia plus rewards. Have you seen the second tape . No. I refuse. I refuse. Im not going to let the public bring me back there. Hmmm. In the spotlight tonight, ray rice and janay rice. On friday, ray rice won an arbitration appeal from his suspension from the nfl. Roger goodell changed ray rices suspension from two games to indefinitely after the elevator video, the inside the elevator video was released in september, saying that ray rice had misled the league as to what happened that night. The arbitrator disagreed finding, i did not find that rice misled the league. That the league did not realize the severity of the conduct without a visual record also speaks to their admitted failure in the past to sanction this type of conduct more severely. The Washington Post reports today that the nfl is considering changing its personal conduct policy to allow someone other than Roger Goodell to make discipline decisions, but the league insists that goodell would still handle appeals. Espn reports that at least four enlightened football teams have shown interest in re rice. Here is a preview of matt lauers interview with ray rice that will air on the today show tuesday morning. Reporter what do you think it would take for another owner and another group of fans to put the images of that video behind and say well take a chance on ray rice . One thing i think that, you know, they would have to be, you know, willing to, you know, look deeper into who i am and realize that me and my wife had one bad night, and i took full responsibility for it. And one thing about my punishment and everything going along with anything that happened is that ive accepted it. I went fully forward with it. I never complained or i never did anything like that. I took full responsibility for everything that i d and only thingki hope for and wish for is a second chance. In her interview with matt lauer, janay rice addressed her controversial apology during the may press conference. Reporter did anyone at the ravens say, janay, it would be really good if you issued some kind of an apology. They suggested it, yes. Did they come up with the wording . No, not specifically. They gave us the general script. I do deeply regret the role that i played in the incident that night. Reporter that really started it. Mmhm. And that was frustrating for me because obviously people took it that i was taking light of what ray did. I was basically not doing what i was told but at the same time i didnt think it was completely wrong for me to apologize because at the end of the day i got arrested too, not taking anything off what ray did because i agree with everybody else, it was wrong. Reporter but had it not been for the ravens suggesting or urging you to apologize you would never have been at that press conference and would you never have apologized . No. Laura, theres janay rice saying they put her up to doing this apology and she wouldnt apologize if they didnt make her do it. Within that statement, she says i got arrested too, so i did something wrong too. She said that to matt lauer. She was, in effect, apologizing within her retraction of the apology. Yeah. And its incredibly sad, isnt it, that she would do that. But i completely understand, because we live in this culture, in this society where we have this blameocracy where the team is writing a script. Why wouldnt she feel some sort of responsibility or blame for that . It makes perfect sense. Thats how everyones telling her its going to be. Jordan, theres an espn report saying four teams are interested in signing ray rice. And therefore, laura, i assume theyre willing to put up with, i dont know, hundreds, thousands of protesters outside the stadium . Theyre willing to take on a controversy thats bigger than what the Washington Football Team contends with . Yeah. Thats a good point. I will say this, there has been more reports saying now theres really only two teams, some teams are backing off, including new orleans and indianapolis. He is 28. If a team wants to make the playoff push, ray rice is one of those guys that a lot of people feel like could help. My thing is, Roger Goodell, its easy to lead when its convenient, now youre seeing whats happened with hem in the nfl, especially the players union. Theres an interesting line in what the arbitrator said, laura, where shes finding fault with Roger Goodell for not understanding what happened even without seeing the individual ovof the punch of what happened in the elevator. She refers to the inadequacy of words to convey the seriousness of Domestic Violence. We all heard about this thing that happened inside the elevator. Without seeing the video of what happened inside the elevator, we had no idea how hard a hit that was or exactly what his attitude was, what we could pick up about attitude after the punch. It seems to me that that video inside the elevator does change everybodys perception of it, including goodells, had he seen it before he claims he saw it. That video does change things. It did for a lot of people, although i have a hard time understanding why. What do people think happened in that elevator to knock a woman completely cold and unconscious . It had to take an asoug soughss this. If this was a stranger who had done it to some random person on the street wed be calling it a brutal assault. But we refer to this as Domestic Violence that its somehow less than an assault. We should be horrified no matter what kind of abuse or Domestic Violence this is. This rice Family Campaign to get back, there is a serious flaw in it since it involves an attack on Roger Goodell. Theres janay saying Roger Goodells not saying the truth. What nfl owner is saying you can say that about Roger Goodell today and i will hire you tomorrow. Thats why i dont think ray rice is playing this season. I do think he gets another shot. But youve got to understand, its not just the ray rice in terms of the assault, hardy, ray mcdonald. Its been a consistent theme with Roger Goodell. Thats why if i have to really be honest with you, i dont think ray rice plays this season. You have to understand, if Roger Goodell says hes only going to be responsible for appeals, doesnt that create a situation that hes not the leader that he once was. Hes operating under a lens where hes acting and not pro acting and his responsibility is minimized. Coming up, republicans are looking for ways to edit what the president did with his executive action on immigration. Well see if theyre able to do that. And next, the faa is going to start regulating about those drones that are flying too close to airports. They need to do so much more than theyve been doing. Ive been called a control freak. I like to think of myself as more of a control. Enthusiast. Mmm, a perfect 177degrees. And thats why this road warrior rents from national. I can bypass the counter and go straight to my car. And i dont have to talk to any humans, unless i want to. And i dont. 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Personally, i prefer a slow internet. There is something about the sweet meditative glow of a loading website. Dont listen to the naysayer. Switch to comcast Business Today and get 50 megabits per second for 89. 95. Comcast business. Built for business. Every month now the federal Aviation Administration receives about 25 reports, 25 a month of unmanned drones, flying in restricted airspace or flying too close to commercial or private aircraft. The faa currently regulates the Recreational Use of drones. According to the wall street journal, the faa will issue new rules for commercial use of drones. Reportedly, the new regulations will limit flights to 400 feet during Daylight Hours and require operators to be certified pilots. Joining me now is former air force chief of safety and drone expert, fred rogeiro. What are you getting as a sense of what the commercial regulations are going to be . I think that those rules that you outlined are a first step, a very positive one that we need to take. This is a revolutionary industry. This industry can bring a lot of jobs to the u. S. As a matter of fact as we delay and delay and dont get into it, we see a lot of jobs in these capabilities going to overseas markets. So we feed to step it up. But we also need to do this in a very safe manner, and thats what, thats what were trying to do with Resilient Solutions is help those companies that want to operate commercially, but they dont really have that aviation safety culture, if you will, that 70 years of operating airplanes, Drone Operators are tending to pick up and move out without being able to capture those Lessons Learned from aviation mistakes. It seems that commercial operators of drones will have all the right incentives to do the right thing. They will be conscious of liability. They will be afraid of jeopardizing people in any way. But its these recreational drones around airports that seem to be the most dangerous thing out there in the sky these days, and the operators of those drones may not have any idea what the regulations are. Lawrence, youre exactly right. Theres a large group of operators, from my experience, that are very responsible. They know the rules, and they fly by the rules. And the ama, the american modelers associate does a terrific jock of selfpolicing those activities. But there is a small segment that knows the rules but yet chooses to disobey the rules. Can you go on youtube and see plenty of those types of individual yeses. But whats really concerning as you well point out, lawrence is that theres a larger group thats growing every day, cyber monday, today, a lot of people probably purchased their first drone today, but theres this larger group that purchases the drones but doesnt know the rules. And then they start to fly their drones, which are very simple to operate, its very hightech equipment, but very easy for anybody to learn how to operate in less than a minute. And they dont know that theyre within five miles of an airport or they dont know how high 400 feet is. And those are the ones we have to educate, as a community, into showing them what risk theyre putting onto those people in the airplanes that are airborne while the drone operator stands firmly and very safely on the ground. Seems like theres going to have to be some arrests in some of these cases, too, as an example. I mean, if you dont learn the rules the easy way, there is the hard way. Thats true. Enforcement action is going to have to take place so that that message does get across. And then its also incumbent on all of us, if we see somebody operating a drone in an area that theyre not supposed to, we need to say something. We need to put it on ourselves and local Law Enforcement needs to get involved as well. Thank you for joining us tonight. Thank you for having me, lawrence. Coming up, so republicans are so angry at the president over hiS Immigration executive order that theyll do anything, anything, or they say they will. Well try to figure out what theyll really do. Its coming up. You cant breathe through your nose, suddenly, youre a mouth breather. A mouth breather well, put on a breathe right strip and shut your mouth. Cold medicines open your nose over time, but add a breathe right strip and pow, it opens your nose up to 38 more. So you can breathe and do the one thing you want to do, sleep. Add breathe right to your Cold Medicine shut your mouth and sleep right. Breathe right. And look for the calming scent of new breathe right lavender, in the sleep aisle. Right now, you can get a single line with 3 gigs for 65 a month. 3 gigs. Is that a lot . 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Thats what i like to call, the meta effect. 4in1 multihealth metamucil now clinically proven to help you feel less hungry between meals. Experience the meta effect with our new multihealth wellness line. [but the more you learn abouty insurancyour coverage,bout it. The more gaps you might find. Like how you thought you were covered for this. [boy] check it out,mom [prof. Burke]when youre really only covered for this. Or how you figured you were covered for this. When youre actually paying for this. You might be surprised at whats hiding in your coverage. Talk to farmers and get smarter about your insurance. We are farmers bumpadum, bumbumbumbum [announcer] call 1800farmers and see how much you could save. Youve got about an hour and 20 minutes left on cyber monday, so you better get that online ordering done right now. And tomorrow is giving tuesday. New yorks Second Street y and United Nations encourage people to give to worthy organizations. Many will give tomorrow, including msnbc. Up next, what i will be doing tomorrow on giving tuesday. Is americas largest and most reliable 4g lte network verizon. With xlte, our 4g lte bandwidth has doubled in over 400 cities. And now, save without settling. Get 2 lines with 10gb of data for just 110. Or 4 lines for just 140. And get a 150 bill credit for each smartphone you switch. Only on verizon. You drop 40 grand on a new set of wheels, then. Wham a minivan tbones you. Guess what your Insurance Company will only give you 37thousand to replace it. Depreciation they claim. How can my car depreciate before its first oil change . You ask. Maybe the better question is, why do you have that Insurance Company . With Liberty Mutual new car replacement, well replace the full value of your car. See Car Insurance in a whole new light. Liberty mutual insurance. I was out for a bike ride. I didnt think id have a heart attack. But i did. Im mike, and im very much alive. Now my doctor recommends a bayer aspirin regimen to help prevent another heart attack. Be sure to talk to your doctor before you begin an aspirin regimen. holiday mhey is playing i guess were going to need a new santa the music builds to a climax. more people are coming to audi than ever before. See why now is the best time. Audi will cover your first months payment on select models at the season of audi sales event. Visit audioffers. Com today. He found it cleans everything. Whefrom stove tops. D writing a book about his magic eraser. To scuffed shoes, and more. And when ran out of pages, he made a website instead. Share your tips at mycleanbook. Com when i was at the primary school, i was not sitting at a desk. I was sitting at the floor, on the floor. But it was a challenge, i tell you, because it was very difficult for me to stand up and answer question actively to the teacher. Thats mazdar remembering a school in malawi that had no desks. He was one of the exceptional students who made it all the way through Elementary School. Even today only 52 of learners in malawi complete Elementary School. He is now the head teacher at an Elementary School in malawi that until this year had no desks for any of the students. When we are going out for break, we are barefooted. When you step into the mud you come into the classroom with the mud. So if you sit on the floor, it means you get dirty. Nowadays we just, if they sit at the desk, their clothes will be clean as they came from their house. Many of the barefoot children ive seen at malawi schools have one shirt, one pair of pants or one dress, and keeping that outfit clean in a school with no desks is impossible as mazdar just told us. In ma lalawi culture this is mo of a problem for girls than boys. Previously when i was teaching in a School Without desks we had a lot of challenges, some of the challenges being that the moment we asked elena a question, in order for her or him to answer, it was very difficult for him or her to stand up. More especially for the girl elena. She was fighting problems to stand up. Because the moment she tries to stand up, she was supposed to clean herself, because shes a girl. So it was very difficult for a girl to stand up quickly. Now, nowadays, as we are asking questions to a girl elena, it is very simple for her to stand up quickly and respond to our questions. Mazdars school has desks now, thanks entirely to you. The kind fund, kids in need of desks, a partnership that i created with unicef has filled his school with desks. Desks just like this one. Made in malawi, by workers who now have jobs and can feed their families, again, thanks entirely to you. Since we started making the desks, we had to increase our workforce, because we need a lot of people to make the desks. A lot of processes going through that. You have welders, people cutting the tubings, people polishing the edges, assembling the desks, and yes, it does create a lot of employment, and most of the malawiens have big families. So although you have one person, he is supporting like another ten people, so that goes a long way. Sense i announced the creation of the kind fund on this program, you have repeatedly opened your hearts and wallets and have contributed over 7. 5 million. The audience of this program has done that. This is the only forum we have for encouraging contributions to the kind fund. Its all up to you. And it has been all up to you from the start. And your outpouring of support has literally changed the odds for kids in ma lalawi schools. Before the kind fund, only one in five learners in malawi schools had desks, now two out of five learners in malawi schools have desks. We have a long way to go for the 5 Million Public School Students in malawi to all have desks, but were getting there. Hundreds of thousands of kids in malawi have now sat at these desks that you have provided for them, and their schoolwork is improving. Previously, as they were writing, they were writing using their knees. So it was very difficult for them to write, to have very good handwriting. Now, nowadays, since we have these desks, it is very good for the elenas, because they are writing, using the desks. So they are having a very good handwriting as compared to the previous time. Thats the importance of the desks now. And your desks, these desks, that youve contributed, are improving school attendance. We had dropouts in the villages, not willing to come back to school. But as the desks arrived and were at the school, those dropout elainas have come back to school. School attendance drops off dramatically during the High School Years in malawi, for several reasons. Most importantly because public high schools are not free. Most students cannot afford the fees for high school. Girls suffer the most when families make their decisions about school fees. Parents are more likely to pay for a boys education than a girls. Thats why we added a Girls Scholarship Fund to the kind fund, Free High School tuition for as many girls as we can support. When you contribute to the kind fund, you can specify that your contribution should be used for desks or for girls tuition. For that person who has everything on their gift list this season, you can give one of these desks in his or her name and unicef will send a gift card showing that a desk or a girls tuition has been donated in your gift recipients name. And like all charitable giving, a kind fund gift is taxdeductible. I couldnt make a visit this year because i spent a few months on the disabled list recovering from a broken hip. So the interview we showed you today was not conducted by me. It was done by a group of journalism students at montclair university, led by steve mccarthy. The interest of American Students in the kind fund is crucial to its success, because the kind fund has years and years of work ahead. As cyber monday draws to a close and you make your final Online Purchases of the night, you might consider taking a few of the dollars that youve saved today in those amazing online sales and going to the kind website. Last word desks. Msnbc. Com. And if you cant afford anything you can still help by tweeting or posting on facebook a link to the kind fund at lastworddesks. Msnbc. Com. You can call 18004 unicef. Kids dont know that they need these desks because theyve never actually seen desks until that magical day when these desks suddenly arrive. I tell you that the desk delivered at the school, thats christmas for these kids. Christmas comes in december 25th and pretty much nothing happens in their lives. When a desk is delivered to them at the school, that is christmas. You have made their day. You have made their year. You have made their lives. The work men who accompany the delivery of these desks to a school never have to carry the desks into the classroom. The kids always do that themselves. Spontaneously, without anyone telling them to do that. When i was a kid, i was never more excited than on christmas morning, and ive seen a lot of other excited kids on christmas morning, but ive never seen anything like the excitement and joy of kids in malawi who have never received a gift in their lives, carrying their new desks. Their desks. Into their classrooms. And they always, spontaneously, without any win telling them to do it, they always say thank you in song. [ narrator ] mama sherman and the legion of super fans. Wow [ narrator ] on a mission to get richard to his campbells chunky soup. Its new chunky beerncheese with beef and bacon soup. I love it. And mama loves you. Were for an opens you andinternet for all. Sing. Were for creating more innovation and competition. Were for Net Neutrality protection. Now, heres some news you may find even more surprising. Were comcast. The only isp legally bound by full Net Neutrality rules. The new leaders of the new congress, john boehner and Mitch Mcconnell have a problem they dont quite know how to handle yet. Thats their own republicans who want to punish president obama for his executive action on immigration. Thats next. Ive been called a control freak. I like to think of myself as more of a control. Enthusiast. Mmm, a perfect 177degrees. And thats why this road warrior rents from national. I can bypass the counter and go straight to my car. And i dont have to talk to any humans, unless i want to. And i dont. And national lets me choose any car in the aisle. Control. Its so, whats the word . Sexy. Go national. Go like a pro. I am here to announce what im sure will be the most talkedabout executive action of this month. [ laughter ] today i am taking an action fully within my legal authority, the seam kind of action taken by democrats and republican president s before me. To spare the lives of two turkeys. The executive action john boehner and congressional leaders will be talking about tomorrow morning when they meet to discuss strategy will be the president S Immigration executive action. House and Senate Republicans are still furious over president obamas executive action and are looking for a way to do something about it with just ten days to pass a bill to keep the government running. Boehner is doing Everything Possible to convince his caucus, especially the tea party that a Government Shutdown is not a good idea. According to todays new york times, alternatives include cutting off funding for federal Immigration Services or Senate Republicans refusing to confirm president ial nominees, including Loretta Lynch for attorney general. One said if i were john boehner, id say send us your state of the union in writing, youre not welcome in our chamber. Joining me now is reporter for the Washington Post. Robert, might we not have a big state of the Union Address next year . I think the president will be invited to come to the house. That is just talk you hear on the hard right, not in the mainstream part of the republican party, but youre certainly seeing a lot of pressure from national republicans, Establishment Republicans to not have a showdown. I staked out a fundraiser on capitol hill, bush, in his private remarks urged officials and donors to not have a shutdown, to fund the government and move on. And what are the chances of these Republican Leaders being able to get that done, having to control the tea Party Faction at the same time . Its going to be difficult. They returned to the floor and had a series of evening votes. And on the floor they huddled. Boehner wants to try to get something through to fund the 12 appropriations bills, at the same time, expect some sort of statement bill to emerge. Theres one that is expected to push back. But at the same time theyre looking for something to avoid a Government Shutdown. Are any of them talking seriously about legislating a response to what the president has done . Sure, leaving the meeting, senator rob portman of ohio said the only logical step to take is not some sort of fiscal stanoff or shutdown but to pass stand alone bills. Can republicans come together with any kind of message besides anger . Thats going to be the question for boehner and mcconnell. And outside of immigration, are they trying to establish some kind of ground rules about how to respond to this, like saying whatever action we take, it has to be relevant to immigration, meaning we dont hold up nominations for this, we do things that are relevant to immigration . Privately youre hearing no talk of sensure or impeachment, but theres not a real push back from the leadership because the leadership in the senate and house are weary of hitting conservatives too hard. Theyre trying to handle this in a very delicate way. Almost slip through government funding in december and then fight next year when they have a grip on power. So were going to pencil in the state of the Union Address at this point in our calendars. Thank you for joining us tonight. Chris hayes is up next. Tonight on all as the st. Louis rams take a stand in americas living rooms. Tayvon austin and kenny britt acknowledge the events in ferguson. Then, in cleveland, a 12yearold shot and killed by police. Tonight the alarming discrepancy between the video and the Police Version of events. Tonight, janay rice tells her version of the story. I asked him after i saw hit, why did you just leave me there . He was terrified. And a turkey was spared. The career on the hill was not. Why the obama girls are right about pardoning a turkey. Do you want to touch him . Nah. All in starts right now