One from a witness early on said the shooter, killer reloaded, that gave him maybe a chance for people to get away. Also had police with quick response, 60 to 90 seconds, and they apprehend the guy alive. He could have charged them even with an empty shotgun but chose not to die. So we dont know the motive. It could be an attack on journalists for their job, the guy chose to live. Makes me think the guy has issues. Youre referring to the potential motive that authorities havent nailed down. The point is while tragic in any situation, that it would be a different type of crime analysis if this were workplace dispute or domestic dispute with larger motive, larger agenda. Right. Exactly. If theres political motivation say against journalists, the commanders need to sort that out, if they can find that out, need to tell the nation that if true. If it is localized, revenge targeting the gazette, they may hold it longer. Not as critical that Everybody Knows that, and the investigation can proceed. That would be the recommendation if i was in command area, thats what i would be saying to the chiefs. If it is that larger motive, we cant hold it because other journalists could be in danger. Weve had neonazi alt right calling on journalists this last week. Sometimes theyre in the political talk. Again, we dont know what authorities are going to determine at this early stage. Stay with me, jim, and bring in hans nichols who is part of breaking coverage, and is at the scene. What are you seeing on the ground . Reporter were seeing a Massive Police force, massive presence here trying to secure the area which they say they have. We basically know some of the outlines, but resetting quickly, five dead what police have confirmed. They walked away from that number, then reconfirmed it. They hinted, didnt say they were certain there were three injured. Dont have an idea how many people were inside that newsroom. To set a scene for you, as far as the eye can see there are police cars. This is a wealthy part of the country. Anne arundel county has expensive homes on the waterfront. You have a Nordstroms Department store there. They were taken across the street to lord and taylor. Prosperous part of the country, many exmilitary retired here. You get a sense theres a Strong Community and this newspaper was part of that community. I talked to one local and they said the nickname for it was the crab wrapper. They obviously wrap a lot of crabs in this part of the country. It is part of the fabric of this part of the country. What we need to figure out moving forward is more clarity on the gun. Initial reports were shotgun. Thats important. If it is a shotgun, thats quite common, used for hunting frequently and doesnt have that many rounds. Typically they hold three rounds, you can take out the plug, put in five. Also a shotgun thats not a high velocity weapon. It gives you a sense there wont have been that much range they have. All that said, we also have reports it was a long gun. A long gun doesnt negate the possibility it is a shotgun. Still awaiting crucial details. Thank you both. We will keep an eye on the shooting investigation, and update as warranted through the hour. We turn to the other gigantic story in politics, policy, law and the future of the nation. Shock waves when it was only in the last day Justice Kennedy made a surprise announcement he is leaving the Supreme Court. Democrats vowing to explore any way possible to stop donald trump naming a successor before mid terms. There are fears that trump will use this to radically reshape the court, nominating a hard right judge to replace kennedy, in some cases has been a swing vote. That could put the court as a conservative tilt and roll back protections for women, minorities, lbgt community. Former Vice President joe biden coming out of Senate Judiciary committee before he became obamas running mate says in normal times in a divided senate, the president would look for a consensus candidate and the other president would try to do that and try to get votes from both parties. No one thinks we are in normal times. Biden is saying its up to us, america, speak out, rise up, be heard. Many womens rights leaders are doing just that. Our phones have been ringing off the hooks, cant keep up with the emails wanting to know what to do. I need to be really clear in delivering a message. Any attempts at appeasement will be disastrous. The American People are depending on these jurors to stand strong. Were mobilizing across the country to make sure our senators know you cant support a justice that will overturn roe v wade. Are the Democratic Senators hearing the messages . Some say theyll stand tough. Based on every conversation with my colleagues so far this afternoon, everybody is prepared to play hard ball. Push this off until after the le election to take it to the people . We have to fight. What does that mean, shut down hearings . Widen, say youll should down the senate from other matters . Block funding for Donald Trumps priorities Going Forward . Do you try to recruit members of the gop caucus who say theyre prochoice, two female senators to act that way on this vote . The democrats arent opening up on plans today. My colleague Chris Matthews made waves saying they must figure it out now. They will find a way to do it. There are ways to slow down votes, there are ways to prevent a modest majority from getting its way. They will find that way or they will fail. If they fail, they will lose their leadership. The party will not accept failure on this front. Chris matthews knows the congress and if you hear what he just said, he is speaking plainly to chuck schumer, nancy pelosi, saying your jobs are on the line now. The republicans are not giving up at all. They dismiss comparisons to 2016 when Mitch Mcconnell broke precedent, refused to hold hearings let alone a vote or president Obamas Supreme Court pick. This is not 2016. There arent final months of a second term constitutionally lame duck presidency with a president ial election fast approaching. Many times in politics you get different realities from different sides. I want to begin the conversation tonight with a larger point. Both sides agree on one thing. The stakes on the fight are huge, they will outlive the presidency of donald trump. Rights that Many Americans think of as part of being american are at stake. A new justice could make decisions about what happens at the end of a Mueller Probe that relates to legitimacy and potential criminality of the current presidency. Consequences could reverberate for decades. Remember this so we have to pick a great one. We have to pick one thats going to be there for 40 years, 45 years. I am joined by a top aide to hillary clinton, ceo of center for american progress. They support prochoice female candidates. Donna edwards, former maryland congresswoman. Stephanie, is this the new litmus test for all democratic elected officials . The Democratic Party in 2016 strengthen their Party Platform on access to reproductive choice in this country. You Better Believe women across the country are going to stand up with everything they have. We recognize that the next justice nomination means everything for generations and for women, i mean, were talking about a president who promised, prometheus promised he would apoint somebody that would criminalize abortion and punish women. Thus far, he kept to all of his terrible promises. I dont know why he would walk away from this one. I believe the democrats are ready to do just that. You talk about that from a position of substance. You worked on these issues through your life. The politics of this are important because it is a political battle that will be won or lost, and the political argument on the choice issues is that it could move republican senators if this is seen as the focus, reading from a democratic leak to the wall street journal, an aide saying the party sees a Campaign Around abortion rights the best shot to make voting for trumps nominee unpalatable as possible. Both say they support roe v wade, the foundation for womens rights under a Supreme Court press departme. A Trump Nominee from the list he put forward will overturn roe, and essentially undermine womens freedom in this country. The second issue is that this court and this president is focused like a laser beam on destroying the Affordable Care act, ensuring millions lose coverage, including preexisting conditions. I think both those issues are paramount. And frankly, both of those issues are ones in which Lisa Murkowski and Susan Collins made pledges to their constituents their actions would not hurt, would not undermine. They claim to be prochoice, to be for roe and access to womens health, and they claim to be supporters of health care and not insuring that people lose coverage. With this decision theyll make a choice about the future that effects both those issues for millions of people. Donna . I dont think democrats will be able to sustain our party if we roll on this nomination. I think it is really critical to getting out our voters for the elections in november. I also think this is really about who we are. In addition to the things that stephanie laid out, we are talking about voting rights, immigrant rights, lbgt rights, and the litany goes on. You wept through the list. I think it is imperative for democrats, Senate Democrats dont even let a resolution on naming a post office go through unless theres a guarantee were not taking up this nomination until after the election. Youre saying shut down the entire senate. This is something i wanted to ask senator booker about later in the hour. It is one thing to say fight, fight, fight, and voting against a nominee is not hard for democrats. Are you saying shut down all Senate Business . What Senate Business is going on anyway to be honest with you, either in the house or the senate. The republicans are playing hard ball. Theyre prepared to use this as an Election Year strategy. Democrats need to do the same because it is not just about our party, it is about our nation. I think it is that important. And let us be really clear. I wasnt happy with the strategy in 2016 because i thought it would result in exactly what we have right now. What strategy . The strategy of basically slow rolling the garland nomination, enabling it to go through. I think it is time for us to really stand on behalf of all our grass roots who are going to be out there and ready to fight, putting public pressure on senator collins and senator murkowski, and the inside game of working with the two senators who claim as she stated that theyre on behalf of womens reproductive rights. Lets put it on the line. They can drive us to consensus nomination. Shes referring to the strategy the democrats have. A lot of democrats would say they didnt have one. They know you as a hillary person. I also know you as a political person, and i think youre on the harder edge side of street fighting compared to some other folks in the party. But what is your view of the fact that people out there think that democrats dont know how to do the street fight and dont know how to hit back as hard, and Mitch Mcconnell was rewarded for hijacking. How do they tactically stop that and make consequences this time . You know, i absolutely think the lesson of the trump era is you cannot bring a knife to a gun fight. The tactics that are used against democrats, against minorities are ones that are extraordinary. Basically Mitch Mcconnell has broken all the rules and all of the norms for raw political power, achieving the ends of donald trump. Thats something that we all have to cope with. The reality is the best vehicle we have is direct democracy. What actually worked to save the Affordable Care act was not saying nice things in congress, it was people flooding town halls, it was people getting to airports and basically tailing, senators leaving. It was the American People rising up. We need to do that. Right now, i am for every democrat signing onto this, but the reality is every democrat isnt enough. We need 51 votes. We need the American People to tell republicans that they have to hold our constitution as something that they uphold. There has been no check to this president. Now were looking at a court, there will be no check on donald trump either. And let me remind folks as you pointed out this Supreme Court justice could determine Robert Mueller could issue a subpoena to donald trump and could vote against it. Thats why donald trump is a minority president , elected by a minority of the country. We need a consensus nominee, one that gets a super majority, one that is not the extreme of the hard right, one that a majority can support. You make an important point about inter branch issues. There are some things that have authority of the president. This is not one. Senate has a role, they represent the rest of the country, and as a political matter donald trump didnt come in with a mandate, he came in with a deficit. He got fewer votes than the other person. As a political matter when you deal with the senate and the rest of the nation, there isnt that legitimacy. Listen to what donald trump said last night. Justice kennedys retirement makes the issue of Senate Control one of the vital issues of our time. He is betting this is going to help his base turn out mid terms. Final thoughts, stephanie . We have seen millions and millions of women across this Country First march of 2017, seen a Record Number of women run for office. Do you think this is going to slow down motivation of women . Youve got to be kidding me. What were seeing is as women across the country step up right now with extra enthusiasm, recognizing that their futures are at stake, their childrens futures are at stake with this court neimominee and everything that goes around it. There might be additional enthusiasm on the right, but there are more of us than them. And i am seeing this energy build up and build up and this moment more so than ever, to every woman listening out there, you have to take action. This is not the time to stand on the sidelines. This is the time to call your senators, to make sure youre registered to vote and that you have to vote and bring everybody with you because our future depends on it. Thanks to each of you. A lot of food for thought. Coming up, senator cory booker makes his first tv appearance for interview since the Supreme Court fight began. I ask him about his game plan. Trumps pick, smashing back at republicans and the idea that the Mueller Probe is made of just of democrats. I do not consider myself an angry democrat. Im not a democrat and im not angry. New reports, mueller investigating were so Many Russians have vip access at the transmission inauguration. Youre watching the beat on msnbc. Not cool. Freezing away fat cells with coolsculpting . Now thats cool. 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Trump stepping up assault on the russia probe itself. And then they go after us for a russian hoax. A witch hunt hoax. Isnt it incredible when you talk about a double standard. Bob mueller doesnt respond to this kind of thing, but we can follow his work. He is now eyeing russian oligarchs that had vip access to Trump Inauguration events. Mueller is subpoenaing roger stones former aide. Trump