We are now just five hours away from a partial shutdown at the department of Homeland Security and it seems congress cant come to terms on keeping dhs open. The house just a short time ago said no to a short term funding bill. Mike viqueria is live for us on capitol hill and mike where do things stand right now . Reporter tony this was supposed to be plan b when republicans could not or would not pass a clean bill. This was supposed to be a punt. They were to extend the funding for another three weeks while they worked out the internal funding in the caucus on alcohol but it fell apart in public view of reporters and cameras right rite on the house floor. A surprise, many reenls, republicans conservatives want the be department to go unfunded, some 52 of them voted against the measure joined by 172 democrats a virtual unified front that brought the bill down. We are here 90th was an now. It was an animated debate. Time and time again throughout debate the president defended by nancy pelosi just after that. Mr. President , you have usurped far too much power we cant let you destroy the constitution any further. I say to my colleagues, if they wanted tovale the poor choices let the republicans do that. If they have multiagendas here, about integration and the rest, let them go down that path. Reporter it is back to the drawing board with less than five hours to go before the department of Homeland Security is shut down. Cut off of funding from congress. Wait a minute mike, what happens next . Thats a good question. I just left the capital next to the row opportune can a is suites of speaker of the house john boehner the Top Republican leadership was huddled behind closed doors to figure it out. Shorter Term Extension just one week to sort this out and avoid a shutdown. They could pass the socalled clean funding of the department of Homeland Security without any strings attached. That seems to be very unlikely although the senate has done that and done that by an overwhelming margin. They could try put the extension on the floor of the house later today or the final choice, a shutdown of the department of Homeland Security, leaving the republicans in the lunch to try to change votes after a public outcry tony. Mike, dont go anywhere, i want you part of this conversation. Jairch johnson isjairchjairch johnsonjason johnson is np atlanta. Are you surprised this was conceived in 2001 in january after the 911 attacks, are you surprised a speaker isnt able to muster the votes at least at the moment for a three week funding extension . There im not surprised. I mean look, there are a lot of republicans who do not like John Boehners leadership either his specific soft skills how he leads or his ideologic leanings, one way or the other. 25 republicans defected an did not vote for him to get reelected. Im not surprised that a mixture of disliek of dislike of the executive order and dislike ever boehner. What is the critique of boehners leadership style mike . Im surprised. It doesnt matter whether its john boehner or anybody else, the Republican Party is divided over this issue. It is almost ungovernable. When you put together the tradition of the house it really gotion goesgoes back to the time of henry clay. In this case democrats simply dont bother to do it going across the aisle as strange as i. T. Sounds to theit sounds, trying to get a bipartisan bill that hardly ever happens. But tony one other thing about this dynamic this wasnt supposed to happen. John boehner was thought to have a lot more cushion a lot more pad a lot more room to maneuver. Obviously today it all fell apart. Jason, how many are how much of this smacks to you at republican efforts to stop anything that the president tries the do . And you too mike. There are republicans who believe from their home districts or maybe just deeply from their heart that their mandate, their primary responsibility is to stop major legislative actions by the president of the united states. Ill tell you what tony from an absolute Political Sciences perspective there is no trouble with disagreeing with the president but you can use the court system to do that. But the idea of locking up and defunding Homeland Security, when we still dont have an attorney general and we have a world leader coming to visit in four days is preposterous. Was the idea that maybe the judge in texas would take care of this whole matter, and do something judicially that be congress wasnt able to do clearly . Well, that was part of the rational that gop leaders were tell the rank and file and particularly conservatives courts are going to take care of this and give us three weeks how this plays out. The odds are in three weeks we would be back to the same brinksmanship. But what we just heard from our other guest, that is mitch mcconnell, john boehner the knowledge Republican National committee, everyone who is thinking strategically, this is exactly what theyre trying to avoid. The public is talking about it, theyre talking about it, theyre not talking about the issues they think they can get traction on where they think they can get the public behind them and build momentum for the next are election. Be. Does fear of a shutdown, i dont know if thats the right word does it bother the president anymore . No. Hes in his second term. The people who are worried about that are rand paul, ted cruz and marco rubio theyre trying to run for president. These things stick with you like bad commercials. They probably think that someone is going to come up with a 24hour or 48hour funding bill so they can work something out. Obama knows it is not affecting his legacy, just hurting the republicans for el next year. Does the president worry about a shutdown anymore mike . Reporter i think theres an elements of political mischief here. The genesis of all this, the president said he would not do what he ultimately did on his actions of executive action, the white house knows full well the situation within the Republican Party particularly on this issue. I. T. Datesit dates back to the Prevention Administration acknowledge the cleave an within the Republican Party. The conservatives are just as strong as she are they three have ever been, driving the wagon off the clip tony. Jason where does this go in your estimation . I think theres a chance of a 24 or 48 hour bill. No democrats are going to agree to a three week delay. I think boehner hes only got to pick offs 11 republicans. I think they can get a 24 or 48 hour extension nothing that goes past the weekend in a hope of working out another plan. I dont think yet that we are necessarily going to see a shutdown. I think theres going to be alassecond attempt. Jason johnson and Mike Viqueria for us. He is following this story from the halls of cofng for us. Congress for us. Jamie mcintire is live for us. How will hoamsdz employees Homeland Security knowledge employees be affected . Most dhs employees would report to work they would not collect a paycheck. The department of hoamsdz models Homeland Security employs employs over 230,000 people. Most of the tsa agents 10 would be furloughed under this plan, most would be at work. Coast guard would still be protecting the coast air marbles wouldmarblemarshals Border Patrol agents all would be still at work. But the department of Homeland Security said that doesnt mean there isnt a significant effect on the being department. About trying to be proactive threats against country just the critical functions would continue unless and until Congress Passes a law that would pay those people retroactively. Tony. Thats what im trying wrap my mind around. James heie, the agency that oversees immigration policy wont be affected by the shutdown . Gln largely largely would not be affected. What would be affected would be the everify program, to verify the Employment Status of people before they hire them. That requires specific funding of congress so that would be shut down. For the most part, the Border Control agents, those people who ambassadorswhoendorse the being policies, they wont be paid. Lrtleall right jamie, thank you. Division within the party those rifts are on display at the conservative Political Action conference. Loikslibby casey is on hand. Libby, republicans are determined ohave a major influence correct . Reporter absolutely. They want to have some influence on capitol hill. Even though republicans control both the house and senate many people at c pac said they are not represented. They want to make sure congress represents their values. This election is about taking our country back and it starts by repealing obamacare. The conservative base of the Republican Party is sounding the battle cry at the annual gathering of cpack the conservative Political Action conference. But just before four years ago that the Incoming Senate majorities leader was striking a more moderate tone. Well not be shutting the government down, threatening a shutdown on the national debt. But the shutdown is being being looming using it to gut president s action on knowledge funding. This election is about taking our country back and it starts by repeal obamacare. Reporter the conservative because of the Republican Party is sounding the battle cry at the annual gathering of cpack the conservative Political Action conference. But it was less than four months ago just after republicans swept the congress am elections that the Incoming Senate majorities leader was striking a more moderate tone. Well not be shutting the government down threatening a shutdown on the national debt. Yet the shutdown is looming over the fight to shut down department of Homeland Security, gutting the president s executive action on immigration. It is one of the most hot button issues for conservatives. Republican leaders say the best solution delay fight until next month. Thats not going over well ten miles away at cpack. Youre just kicking the can further down the road. Address it now. It might are painful but when the government was shut down a couple of years ago nothing happened, it was fine. They see it as washington getting to Pay Attention and somebody finally fighting for what they believe in. Are you concerned that might alienate voters, if republicans push hard . There i dont think so at all. After what ive heard all weekend here i think its time for us to stand up and not fall back. But push forward. And i think that the moderates and the independents i think thats what they want too. I think we want a common goal. So less compromising, more standing up for values . Absolutely, absolutely, yes less compromising and more standing up for values good old american values. The potential president ial nominees, well aware that the growing rift within their own party could leave them open to blows from all side. You have to know youre willing to fight but lust youre willing to talk. Im willing to do both and ive shown that in new jersey and thats how weve done it. Its all in the end about standing up how you believe in. How would you describe yourself . I would being being describe you myself as a reformmind conservative that ive actually done it. Cpac are any of the Republican Leaders 67 conservative enough for them . The cpacers are closely being watching. They say its boat a symbol and a test how republicans will lead this year and heading into the 2016 president ial race. Tony. Libby casey, thank you. A long term critic of russias president has been killed. Boris n areficationmsof was shot not far from the kremlin. There were reports someone opened fire on him from a passing car. In recent years he biem leading voice against Vladimir Putin. Phil itner has ittne rfers has more from london. No matter who may have been behind it, this was a leading figure within the political establishment, within russia, somebody who leaned towards the west in termination of reform within russia. His death tonight certainly will have repercussions within the russian federation. And you know what im thinking here phil im wondering where the investigation is at this point. My understanding is he was killed less than 100 meters away from the kremlin walls. I would think there are cameras everywhere. There yeah, tony, i mean the fact that he was killed in the shadow of the kremlin right there within the sight of st. Bazbaizbazbasil answering can cathedral. This is happening right now. Already though we have seen Vladimir Putin come out and say that they will pursue this and find who was guilty. And of course, that clearly is a reaction to the possibility that this was a major Opposition Leader how he died will certainly be played into be the russian political landscape. This is very early days, tony. But having this happen right now in this political environment is a very bill deal within russia. Phil ittner for us. Coming up this hour, a gruesome death of an american blogger inning bangladesh. What he said that may have made him a knowledge target. And prosecuting hate crimes. Hes out there. Theres a guy out there whose making a name for himself in a sport where your name and maybe a number are what define you. Somewhere in that pack is a driver that can intimidate the intimidator. A guy that can take the king 7 and make it 8. Heck. Maybe even 9. Make no mistake about it. Theyre out there. I guarantee it. Welcome to the Nascar Xfinity series. Outgoing attorney general eric holder speaking out in his final few days in office. President obama was there as holders portrait was unveiled at the Justice Department this afternoon. And holder said there has been much progress there is still plenty of work to do. We still have Unfinished Business and work to do. Reform of our criminal Justice Program must continue and under loretta and sally im sure that will be the case. The historic wrongs against our people must be righted. The widening gap of inequals quealtinthe heequalityinequalitymust be reversed. At all cost, all cost, the right to vote must be protected. One of the final items on holders agenda is asking congress to lower the standard of proof in civil rights case he. That could give feds more leeway to prosecute ailgd police alleged police crimes. Ashhar quraishi is live for us. Ashhar. Technical investigation into the Ferguson Police department and into the shooting of Michael Brown havent officially been concluded but after three years the Trayvon Martin case ended with no charges being filed and we have heard about this burden of proof that youve been talking about and it is so high that it needs to be addressed. Move back move back after the deaths of Michael Brown in ferguson missouri and Trayvon Martin in florida the Justice Department investigated civil rights violations. In the martin case it declined to prosecute. It points in the same direction in ferguson. He regrets that and wants to change the rules. I think if we adjust those standards, we can make the federal government a better back stop. Make us more a partly of a part of the process in an appropriate way. Color of justice statutes, who willfully deprive a person of their constitutional rights. Since holder took office in 2009 the department of justice has charged 214 defenses in these color of law case cases. The cases are difficult to prove. Notorious john burge suspected of torturing suspects over a 20 year period. One of the challenges over the current statute is its used to cover a wide range of conduct, Excessive Force by police and that is a wide range of conduct to try to crilz criminalize in one statute. Against officer being wilson in the Michael Brown case. Weve been told theres a much higher threshold that needs to be met. Community activist patricia bines said that would be a step forward in restoring the faith in the system, who see a lack of charges as a mischairnlg of miscarriage of justice. Tony, issues specifically related to Law Enforcement officials and questions of Excessive Force. Thats Something Congress has to address when it was pulling away some of that jurisdiction when it comes to this widereaching investigative practices by the department of justice were hearing in the last few days or weeks or months of his term hes going to be pushing the possibilities of being able to discuss that. Tony. Ashhar quraishi, good to see pickup. Allen winegrad, good to talk to you. Do you think that the standard for bringing civil rights cases right now is too high . You know on a federal level i think its appropriately high. Were talking about charging cops with crimes for wrongful conduct in the course of their duties. So if appropriately high . Appropriately high. And if the issue is, you know, normally you prosecute people you have to prove to a jury that they did what theyre charged with acknowledge beyond a reasonable doubt. I dont think that should be changed, i dont think it would be or could be changed under the law. The issue here though is should the federal government be allowed to prosecute cops when they dont intend to do something wrong but something less t