mr. smith. mr. smith: mr. speaker, i ask unanimous consenthat al members may have five legislative da within wch to revise and extend their remarks and include extraous materials on h.r. 4885, currently under consideration. the speaker pro tempore: without objection. mr. smith: thank you, mr. speaker. i recognize myself for as much time as i may consume. the speaker pro tempore: the gentleman is recognized. mr. smith: the i.r.s. owes act about protecting the american taxpayer. those who elected us to represent them, from an i.r.s. proven and capable of being -- incapable of serving their interest. thomas jefferson said when the people fear the government, there's tyranny. when the government fears the people, there is liberty. right now the people of missouri's eighth district fear the i.r.s. they fear an unjust audit, political and religious targeting, and most recently they fear spending an avera of eight hours to complete their tax returns. that's simply not rigt. this bill is about liberating the folks of

mr. smith? mr. smith: mr. chief justice and may it please the court, there's no conclusion that the population districts in the arizona map violate the equal protection clause. justice scalia: do you accept the fact -- speaking of accepting fact findings, do you accept the fact finding that at least part of the motive was partisan? mr. smith: i don't think that's a a fair characterization of what the district court found, your honor. the district court found the predominant motive -- is said there may have been two of the five commissioners who as to one district, district eight, had some mixed motives in urging that district be made more competitive but did not find the commission as a whole acted even in that one instance with partisan motivations and that district is not one of the ones that's significantly underpopulated. the decision to move population around to make that district somewhat more competitive even if it was motivated by partisanship has nothing to do with what we're talking about here, which

mr. smith? mr. smith: mr. chief justice and may it please the court, there's no basis for concluding that the minor population variances in the arizona map violate the equal protection clause. justice scalia: do you accept the fact -- speaking of accepting fact findings, do you accept the fact finding that at least part of the motive was partisan? mr. smith: i don't think that's a fair characterization of what the district court found, your honor. justice scalia: oh really, why? mr. smith: the district court found the predominant motive -- is said there may have been two of the five commissioners who as to one district, district eight, had some mixed motives in urging that that district be made more competitive, but did not find the commission as a whole acted even in that one instance with partisan motivations, and that district is not one of the ones that's significantly underpopulated. the decision to move population around to make that district somewhat more competitive, even if it was motivated by partisa

. >> mr. thorn bury. aye. >> mr. smith? mr. smith voice no. mr. joens? mr. jones votes aye. ms. sanchez. ms. sanchez votes no. mr. toeshs. mr. forbes votes aye. mr. brady votes no. mr. miller votes aye. mrs. davis. ms. davis votes no. mr. wilson. mr. wilson votes aye. mr. longman votes no. mr. lo biando votes no. mr. larsen? mr. larsen? mr. bishop? mr. bishop votes aye. mr. cooper. mr. cooper votes no. mr. turner? mr. turner votes aye. ms. berdaio? she votes no. mr. klein? mr. klein votes aye. mr. courtney? mr. courtney? mr. rodgers? mr. rodgers? ms. tsonag votes no. mr. garamendi? mr. garamendi votes no. mr. schuster? mr. schuster? mr. johnson? mr. johnson votes no. mr. conoway? mr. conoway votes aye. ms. speer? ms. speer votes no. mr. lamborn? mr. lamborn votes aye. mr. castro? mr. castro votes no. mr. whitman? mr. whitman votes aye. ms. duckworth? ms. duckworth votes no. mr. hunter? mr. hunter votes aye. mr. peters? mr. peters votes no. dr. fleming? dr. fleming votes aye. mr. vissi? mr. vissi votes no. mr. kauffman votes aye. ms. gabbard? ms. gabbard votes no. mr. gibson? mr.

smith, my client wasn't friends or associates with mr. smith, my client never worked security for the new orleans saints. >> reporter: hayes' attorney john fuller offered a new theory, giving the public a peek at the defense strategy. >> multiple witnesses have told me that someone besides my client and his friend were behaving in a threatening nature out there on that night. and the police department knows this. >> are you saying your client felt threatened by the presence something smith had or someone in his party had? >> everybody out there felt threatened. >> by smith? >> by someone other than mr. hayes. this was not some situation where my client hunted down mr. smith. >> reporter: fuller also claiming hayes himself had been the victim of a hit and run moments earlier and was pursuing that driver when he collided with smith. the police did not address the theory saying only this -- >> at this time, we do not have any information to suggest that they knew one another this was anything other than an accident that turned into a dispute

mr. smith: mr. speaker, i yield myself such time as i may consume. the speaker pro tempore: the gentleman is recognized. mr. smith: mr. speaker, st the global food security act -- the global food security act authorize as comprehensive, strategic approach for u.s. foreign assistance to developing countries to reduce poverty and hunger, achieve food security and improve nutrition, promote inclusive, sustainable agricultural-led economic growth, improve nutritional outcomes, especially for women and children, and build resilience among vulnerable populations. at its core, h.r. 1567 establishes a comprehensive global food security strategy that includes eight nutrition reinforcing policy objectives and 15 specific goals and actions designed to develop and implement a whole of government strategy. essential elements of the strategy include baverage marks, timetables, performance, metrics and monitoring evaluation plans. clear and transparent selection criteria for target countries, support of inclusive

. >> he actually stood over will smith's dead body. >> reporter: did mr. smith ever threaten to go get his gun inside the car? >> i'm not aware of any threats by mr. smith to go get a gun. >> reporter: but police confirmed they found a fully loaded gun in smith's car, raising more questions, investigators more than two days to find it. the coroner said smith was shot eight times. seven in the back and once in the left side of his chest. and we're hearing from the attorney of hayes's passenger who called it justifiable homicide. a public viewing for smith now scheduled for friday as the investigation into his final moments intensifies. nbc news, new orleans. >>> now something much lighter. a california man arrived home from mexico with an unusual surprise, pulling into his driveway, he heard meowing coming from his car. he found a cat stuck inside his front fender. the local fire department arrived to free the furry stow away. to get the bumper. they took the whiskerred tag along to the local humane society. >> that's a name. tag along. tagging along? >> we

that he actually stood over will smith's dead body. >> did mr. smith ever threaten to go get his gun inside the car? >> i'm not aware of any threats by mr. smith to go get a gun. >> reporter: but on tuesday police confirmed they discovered a fully loaded gun in smith's car, raising a number of questions, including why it took investigators more than two days to find it. police say they needed time to methodically execute a search warrant. the coroner said today smith was shot eight times, seven times in the back, one in the left side of his chest. and for the first time we're hearing from the attorney of hayes' passenger, who calls this justifiable homicide. smith had a gun and was going to shoot it. and cardel may have saved both their lives. we assume will smith is a saint, but he's not. a public viewing for smith now scheduled for friday, as the investigation into his final moments intensify. gabe gutierrez, nbc news, new orleans. >>> the teen known for his affluenza defense is back in the headlines. he faced a judge once again in adult court.

smith if the staff of please distribute. [inaudible conversations] >> i will correct result it is not a substitute but the second amendment to mr. smith amendment and i ask unanimous consent it is considered as read. let me just lay this out sarah getty knows the full circumstances and mr. smith said it exactly right. deadline amendment is aimed at one institution which is the citadel. might amendment of men's that to exclude education and institutions whose leadership has already voted to take of the confederate flag so here is a deal the board of ministers to vote on june 24, 2015 by a vote of nine / three to remove the confederate flag from the chapel. but in south carolina there is a state law that requires a two-thirds vote of the state legislature to remove a confederate flag from many states institution so there is legislation that is moving to allow this flag to be removed but in the meantime what happens if this amendment is agreed to is that every single cadet is punished because every member is a part of r.o.t.c.

thorn berry. >> no. >> mr. thornberry votes no. mr. smith. mr. smith votes aye. mr. jones, mr. jones votes aye. ms. sanchez. ms. sanchez votes aye. mr. forbes, mr. forbes votes no. mr. brady, mr. brady votes aye. mr. miller, mr. miller votes no. mrs. davis. mrs. davis votes aye. mr. wilson, mr. wilson votes no. mr. longman votes aye. mr. lobeando votes no. mr. larson, mr. larson votes aye. mr. bishop. mr. bishop votes no. mr. cooper. mr. cooper votes aye. mr. turner. mr. turner votes no. ms. bordio. ms. bordio votes aye. mr. klein. mr. klein votes no. mr. courtney. mr. courtney votes no. mr. rogers. mr. rogers? ms. songas. aye. mr. franks. mr. franks votes no. mr. maur amend. votes no. mr. schuster. mr. schuster. mr. johnson. mr. johnson votes no. mr. conway. mr. conway votes mow. ms. spear. ms. spear votes aye. mr. lamborn. mr. b no. mr. castro. mr. castro votes aye. mr. whitman. mr. whitman votes no. ms. duckworth. ms. duckworth votes aye. mr. hunter. mr. hunter? mr. peters. mr. peters votes aye. d dr. fleming, no. mr. visi. votes no. mr. kaufman, mr. kaufman votes no. ms. ga

that he stood over will smith's dead body. >> did mr. smith ever threaten to go get his gun inside the car? >> i am not aware of any threats by mr. smith to go get a gun. >> reporter: but on tuesday, police confirmed they discovered a fully loaded gun in smith's car. raising a number of questions including why it took investigators more than two days to find it. police say they needed time to methodically execute a search warrant. the coroner said that smith was shot seven times in the back, once in the left side of his chest. and for the first time we're hearing from the attorney of hays' passenger. who calls this justifiable homicide. smith had a gun and was going to shoot it and cardell may have saved both of their lives the attorney tells nbc news. we assume will smith is a saint, but he's not. a public viewing for smith now scheduled for friday as the investigation into his final moments intensifies. gabe gutierrez, nbc news. >>> let's get down to business with cnbc's landon dowdy. >> hi, good morning to you. futures are slightly lo

and he actually stood over will smith's dead body. >> did mr. smith ever threaten to go get his gun inside the car? >> i'm not aware of any threats by mr. smith to go get a gun. >> but on tuesday, police confirmed they discovered a fully-loaded gun in smith's car, raising a number of questions, including why it took investigators more than two days to find it. police say they needed time to methodically execute a search warrant. the coroner said smith was shot eight times, seven times in the back, once in the left side of his chest. and for the first time, we're hearing from the attorney of hayes' passenger, who calls this, justifiable homicide. >> smith had a gun and was going to shoot it and cardell may have saved both of their lives, the attorney tells nbc news, we assume will smith is a saint, but he's not. a public viewing for smith now scheduled for friday. as the investigation into his final moments intensifies. gabe gutierrez, nbc news, new orleans. >>> let's check the forecast now from nbc meteorologist bill karins. how is it looking ou

smith. >> aye. >> mr. smith votes aye. mr. jones? mr. jones votes aye. miss sanchez. miss sanchez votes aye. mr. forbes. mr. forbes votes no. mr. brady. mr. brady votes aye. mr. miller. mr. miller. mrs. davis. mrs. davis votes aye. mr. wilson. mr. wilson votes no. mr. landrovan. mr. lobiando. mr. lobiando votes no. mr. larson. mr. larson. mr. bishop. mr. bishop. mr. cooper. mr. cooper votes aye. mr. turner. mr. turner votes no. miss bordao votes aye. mr. klein. mr. klein votes no. mr. courtney. mr. courtney. mr. rogers. >> no. >> mr. rogers votes no. masongas votes aye. mr. franks. mr. franks votes no. mr. garamendi. mr. garamendi votes no. mr. schuster. mr. schuster. mr. johnson. mr. jaunohnson. >> yes. >> mr. johnson votes aye. mr. connoway. mr. connoway votes no. miss speier votes a yeah. mr. landborn. mr. landborn votes no. mr. castro. mr. castro votes aye. mr. whitman. mr. whitman votes no. miss duckworth. miss duckworth votes aye. mr. hunter. mr. hunter votes no. mr. peters. mr. peters votes aye. dr. fleming. dr. fleming votes no. mr. veasey. mr. veasey votes ay

mr. smith: mr. speaker, yesterday the state of texas argued before the supreme court that the president's executive amnesty violates federal immigration laws and the separation of powers enshrined in the constitution. the constitution is clear. congress has the sole power to write laws, including immigration laws. and the president must faithfully execute the laws, whether he agrees with them or not. in fact, president obama has said dozens of times that he doesn't have the power to unilaterally rewrite immigration laws. however, when the house of representatives refused to approve the president's mass amnesty policies, he violated his own words and acted alone. the supreme court should uphold the rule of law and stop the president's unprecedented executive amnesty policies. the speaker pro tempore: for what purpose does the gentleman from tennessee seek recognition? without objection, the gentleman is recognized for one minute. mr. duncan: mr. speaker, remote area medical is a nonprofit organizatio

threatened. >> by smith? mr. haze. this wasn't a situation where my client hunted down mr. smith. >> his attorney maintains his client was not aggressor. >> prior to the actions that led to mr. smith's death, my client was involved in a hit-and-run. person fail to pull over. my client trailed behind this person in an effort to get their license's plate number and he called 911 and while he's on the phone, that's when the -- >> police claims that haze shot smith in the torso several times over haze rear ending smith's mercedes. smith's wife also injured in the gunfire screaming at the scene is expected to recover. >> in response to the new surveillance video, police say they cannot confirm anything at this point because this is still an ongoing investigation. i'm eye -- i'my beth. >>> a man arrested after a body part was found. lin planned to go on a date friday with someone she met online. they arrested 37-year-old carlton for her death. he has a lengthy criminal history including felony theft and aggravated robbery. >>> liza manelli's husband has died. an autopsy will dete

let me say thank you to mrs. smith's fifth grade class. on common core, if i'm elected president, on the very first days in office, i will direct the department of education, that common core ends that day. and let me say a little more on this. it has been the abuse of executi executive power from the obama administration that has forced common core on the states. but everything that's been done on common core can be undone and i would like to see long-term is that we abolish the federal department of education. >> and that would mean giving the states the right to choose? >> that's exactly right. and some folks in the media say that means you don't value education, it's exactly the opposite. education is so valuable, that we need to block grant that money and send it back to the states. the parents in your state know a lot more got what your state needs than bureaucrats in washington. >> my name is allen michaels, hello, senator. >> how are you doing? >> i love the constitution. cruz loves the constitution. so by some transit of law, i th

r this lawsuit revealed that mr. smith was dead in the forest for a very long time, perhaps weeks. and he did die here in watkins park of freezing to death. >> this is very difficult for me. >> reporter: daughter michelle still strug letters to -- struggles to speak about her dad. he died from hypothermia, essentially freezing to death after walking away from a picnic. it took 22 days to find his body which was badly decomposed. >> my father was a loving kind person. every day i think about him suffering, being out there alone. his death haunts me everyday. >> today the family sued woodmorehouse. >> it was absolutely preventible. >> reporter: sal is the lawyer on the case. >> inexcus b charge of his supervision lost him. we are not talking about luggage in an airport. we are talking about losing a human being in a park. >> reporter: wood more house expressed deep sympathy to the family but did not talk about the case. he was a be loved retired head chef at a hilton hotel in the vary begin islands that loved dancing and music. >> it's really difficult every day. >> reporter: wood mo

mr. smith, where are you from? >> utah. >> do you know where the sponsor of the bill, pet ferret is medication is from? >> yes, i do. >> where is that? >> utah. >> okay, okay. could you tell me all of it about how you distribute your two products that you manufacture? how do you distribute them and what do you manufacture? >> we manufacture generic versions of off patent medication. we also manufacture pet treats and wellness products. including hip and joint kind of, a medicinal line for hip and joint, dental products. so we had a wide range of things that we manufacture and sell ourselves. >> you also manufacture as i understand - >> we do. it's called true -- >> good commercial. that's fine but i'm okay with that. good businessman. so is my understanding is the only direct to pharmacies, correct? >> yes, we sell to human pharmacies spent just to pharmacies, isn't that correct? >> we've attempted to sell through the leading distributors of all the medications to veterinary clinics but because of the blocking agre

>> terrific question. >> thank you to mrs. smith's fifth grade class. in the first days in office, i will direct the u.s. department of education that common core ends that day. >> you want to ask something? >> let me say a little more on this. it's been the abuse of executive power from the obama administration that has forced common core on the states but the silver lining is everything done with executive power can be undone and what i'd like to see long term is abolish the federal department of education. >> can i ask? and that would mean giving the states the right to choose. >> that's exactly right. and you know, some folks in the media say, gosh, you don't value education. that's the opposite. education is too valuable. we should block grant that money, send it back to the states. you know, the parents and teachers of new york know much better what your kids need than do some bureaucrats in washington. >> sir, next question. hi. what is your name? >> my name -- my name is alan michaels. hello, senator. >> how are you doing? >> i love the constitu

mr. smith and mrs. burke. >> reporter: make sure you never congratulate the bride. only the groom. after all, an he's the lucky one. for the bride, it's best put your fork down after four bites. >> just like so. to grab your glass, you want to reach to the bottom of the stem with your index finger and your thumb and you can use a third finger for support. the lower down on the stem you go, the more elegant it is. >> reporter: dining etiquette says the least amount of noise you make, the better a guest you will be. >> when you cheers you only make eye contact. no clinching. >> don't do that. >> just a raise, eye contact and drink. >> reporter: but by all means, you'd better make some noise on that dance floor. nikki battiste, abc news, new york. >> so we learned something. is it supposed to be that loud? >> i think it's supposed to be a little less aggressive. i'm glad we have super sturdy mugs and not glasses. we have a new one on the list. don't smash the champagne glasses. >> don't get wasted. don't say congratulations to the bride? >> tha >> what if it's a day wedding. > stay ou

>> we located mr. smith partially inside his vehicle, suffering from multiple gunshot wounds to his body. he was later pronounced dead on the scene. >> reporter: smith's wife was rushed to the hospital with a non-life-threatening gunshot wound. cardel hayes is now behind bars, charged with second degree murder. bond was set at $1 million. hayes' attorney believes there's much more to this story. >> one of the parties besides mr. hayes -- >> reporter: will smith played college football at ohio state and won a national championship there. drafted by the saints in 2004, the defensive lineman spent nine seasons in new orleans, and he helped the franchise win its only super bowl. when he left football, he and his wife settled in louisiana, where he was active in the community. a community that is now in mourning. dan schenemen, nbc news. >>> well the reigning masters champion in what can only be described as a meltdown for the ages. the leader jordan spieth hits his fourth birdie in a row on the 9th. and th

smith sustained, i will say again that mr. hayes is legally not guilty. >> smith was shot seven times in the back. the family's attorney says smith had a loaded gun too, but never took it out of his car. >>> if you waited to file your taxes, there's good news this. year's deadline is three days later than usual. it's because of an annual holiday celebrated in washington d.c. here's cbs 2's craig boswell. >>reporter: marching bands and parades are part of the celebration of emancipation day every april 16th in washington d.c. on that day in 1862, president abraham lincoln signed the act, freeing more the d.c. government shuts down on the holiday, but this year it falls on a saturday, so it will be observed on friday, april 15th, tax day. and that changes the tax filing deadline for everyone across the country to april 18th. music to the ears of tax filers like bromi who's letting block advisers do her taxes this year. >> i mean, i think it's great. having extra days is always a bonus. >>reporter: are you a procrastinator? >> i

. >> when we arrived we located mr. smith partially inside his vehicle suffering from multiple gunshot wounds to his body. >> he was later from pronounced dead on the scene. we also find his wife who was shot in the right leg. she was treated for non-life-threatening injuries. >> this is a particularly hard orleans. he was not only a star football player but also a key member of after hurricane katrina. it was so much more than just football for the city. they were driving in the lower garden district on saturday when he was rear rear-ended. both drivers exchanged words and then the driver of the hummer pulled out a gun and started shooting. shots. leg. he was a five-time team captain. it helped bring new orleans the first super bowl in 2009. please pray for his wife's recovery and their children. he leaves three kids behind. he was 34 years old. >> a new report has officials so concerned that they are calling on the governor for help. this fast food worker smashed all the windows at a burger king restaurant. we'll show

. >> good to see mr. smith giving back. i'm sure he has game, too in basketball. >> they try to hurt you. they don't understand. >> it's the punishing attitude that's brought to the field. >> maybe it's just you. >>> thunderstorms are falling apart and weakening. first alert live doppler, looping over the last hour, things are moving quickly. you don't see the orange and the red we saw a little while ago. there maybe i'm optimistic for the folks at nats park with the twins nats, preseason game, other than light showers over the next couple of hours, most of your friday evening will be all right. if this continues, the yellow alert will be gone in a short time. >> the big thing is we will cool down. >> sunday is going to be a lot chillier, if you planted anything really tender, way too early. tomorrow night, north and west, next week, a chance for a freeze. spring is here but not here fully. >>> wusa9 at 6:00, the cbs evening news is next. back with your only local news cast at 7:00. see you then. >> pelley: john dickerson a

car was hit from be hichhind by a hummer. >> we found mr. smith suffering from multiple gunshot wounds on his body. >> car dell haze is now behind bars, charged with second-degree murder, bond was set at $1 million. hayes' attorney believes there might be more to the story. drafted by the saints in 2004, the defense lineman spent nine seasons in new orleans and helped the franchise win their only super bowl. when he left football, he and his wife settled in the community that's now mourning. >>> now hours before the shoo s retired new orleans police officer. the suspected gunman, card eric hayes named that suspect. today police are investigating that angle. you can learn more about smith's life and career. >>> new tonight, an american airlines flight headed for florida to d.c. had to turn back after striking a bird shortly after takeoff. american airlines flight 4680 landed safely. the plane had 14 passengers and four crewmembers. nobody was injured. >>> i'm tracking some showers on storm team 4 radar that will likely impact the area very la

mr. smith. >> hayes attorney maintains his client was not the aggressor, prior to the actions, my client was involved in a hit and run, and someone hit him, and the person failed to pull over and my client trailed behind this person in an effort to get their license number and my client called 911, while he is on the phone with 911 that is when the three car accident occurs. >> police claims hayes shot smith several times in the torso and back following an argument over hayes rear ending smith's attorney. his wife also injured in the gun fire screaming out at the scene is expected to recover. >> in response to the new surveillance video, police cannot confirm anything at this point, because this is still an ongoing investigation. >>> medical marijuana may be legalized in pennsylvania by the end of the week, the senate is expected to vote today on an amended bill passed out of committee, if approved it would go back to the house tomorrow where it originated on a final amendment. governor t

. >> we located mr. smith partially inside of his vehicle suffering from multiple gunshot wounds to his body. he was later pronounced dead on the scene. >> reporter: smith's wife was rushed to the hospital with a nonlife-threatening gunshot wound. cardell hayes is now behind bars charged with second-degree murder. bond was set at $1 million. hayes' attorney believes there's much more to this story. >> one of the parties besides mr. hayes may have had a file on him. >> reporter: will smith played college football at ohio state and won a national championship there. drafted by the saints in 2004, the defensive lineman spent nine seasons in new orleans and he helped the franchise win its only super bowl. when he left football, he and his wife settled in louisiana where he was active in the community, a community that is now in mourning. dan schenamen, nbc news. >>> well, the masters' reigning champion can only be described as a meltdown for the ages. the leader jordan spieth hits his fourth birdie in a row

mr. smith: thank you, mr. speaker. we are at a crossroads with our tax system, our tax code is outdated, it's overly complicated and the i.r.s. has proven its -- in and of itself is in need of serious reform. here's an opportunity for us to work together. the opening remarks from my colleague across the aisle, i'm not sure if that's an attitude of cooperation but certainly this is a bill we can work together on, i would hope. you know, our tax code was last updated in 1986, a generation ago. it is increasingly burdensome in this global 21st century economy. american taxpayers need a simpler code that they can easily comply with, and finally, they deserve an accountable and consistent i.r.s. which provides exceptional taxpayer customer service. it is long past time for the status quo to change on these problems. we need the tax reform. this is why i stand in support of my colleague's bill, the ensuring integrity in the i.r.s. work force act, the legislation would prohibit the i.r.s. from rehiring any individual who was

all these letters going over, saying, please look at mrs. smith's eviction notice. mr. francisco: and -- justice breyer: mrs. smith, who, by the way, took me to lunch last week. [laughter] mr. francisco: and i completely agree, your honor, which is why in our proposed instruction -- justice breyer: that won't do it. the one you just read won't do it. mr. francisco: well, and that's why in our proposed instructions, i think it needs to be tailored further to the facts of the case. so in our case we went on to say merely arranging a meeting, attending an event, hosting a reception, or making a speech are not standing alone "official acts." either you use it -- justice breyer: all right. so you use that. the key to the word in there is "merely." mr. francisco: yes, your honor. justice breyer: because sometimes it could. mr. francisco: yes, your honor. justice breyer: and somebody might have the embarrassing question, merely when it can or merely when it can't. give me a little enlightenment. mr. francisco: your honor, i think that the answer is, if the evidence shows that

. >> the information supports that mr. smith had walked away. and was returning to his car when he was fired upon. >> reporter: before the shooting, smith was at dinner with friends, which included a retired police officer, william ceravolo. ceravolo was named in a lawsuit brought by the suspect hayes against the new orleans police department after officers shot and killed his father in 2005. police say at this point there does not appear to be a connection between the two incidents. hayes' attorney has suggested his client acted in self-defense. scott, this memorial to will smith continues to grow tonight. >> pelley: manuel, thanks. a top wall street bank admits it misled investors, so why isn't anyone going to jail? that's next. you'll know exactly when we'll be there. giving you more time for what matters most. (team sing) ♪safelite repair, safelite replace.♪ ugh! heartburn! no one burns on my watch! try alka-seltzer heartburn reliefchews. they work fast and don't taste chalky. mmm...amazing. i have heartburn. alka-seltzer heartburn relie

so i asked mr. smith wouldn't it be better to try to settle and get on that board now to potentially influence the sale process as opposed to be there when it's over and done with? >> if we get to the end and they haven't been successful as it relates to getting the company sold, the core business sold we are going to need to pick up the pieces and be able to make change a. now, the other choice as you mentioned is settling. the advantage of settling today is to work with the company and be a part of this process and add capability and credibility in the boardroom. >> mr. smith indicating of course they are talking to yahoo. that is often the case between an activist and the management board of the company that they're targeting. it doesn't appear that they're close to a settlement, he wouldn't give a lot of specifics in terms of what he might accept, but it is certainly a question that he is taking very seriously because there is a question as to whether or not you have more influence being in the

the question for mr. smith was, yes, you're coming after nine directors to try to take over the board, but you're not actually going to see any of those directors elected until after the process that you are focused on has concluded. and he admitted that in an interview we did last week. so it does make sense in recent days i've been trying to get people to confirm that in fact the settlement was near. and here it is this morning. they will take -- immediately take their places and then of course starboard withdraws its other nominees. this eliminates a distraction for yahoo. the board has been leading this process for the sale of its core business while marissa meyer, the ceo, has been running and future and that board will now include four nominees from starboard including of course mr. smith. we'll have more on this later. we're not anywhere near done with apple. >> no, but i want to point out that rick hill, who is the man that has been the transformational guy, the man i wanted so much to be in yahoo

. >> when we arrived, we located mr. smith partially inside of his vehicle suffer ising from multiple gunshot wounds to his body. he was later pronounced dead on the scene. we also found his wide receiver, who had been shot to the right leg. she was taken to the hospital where she was treated for nonlife-threatening injuries. >> this is a particularly hard blow for the city of new orleans. he was not only a football for decades but a key member of the team that played one year after hurricane katrina bringing positive new hope to a devastated city. authorities say smith's his why were driving in the lower garden district of city around 11:30 saturday is when a himmer rear-ended smith's suv, both drivers exchanged words and they say the driver of the hummer pulled out a gun and started shooting. they heard between six and eight shots fired. smith died on the scene's his wide receiver shot twice in the leg and was rushed to the hospital. the driver of the hummer was charged with second degree murder. smith played defensive

that prompted an argument and police say haze shot smith and his wife. mrs. smith is expected to recover. haze is charged with second degree murder. >> one life over and another life ruined. at this time we do not have any information to suggest that they knew one another. >> there is a possible connection though. in 2005, haze's father was shot and killed by police. he won a civil lawsuit against the city. last before the accident smith had dined with one of the officers involved in the prior shooting. >>> india more than 100 people killed and 400 injured when explosions went off inside a hindu temple. that sound is a batch of firework being stored in the

"mr. smith goes to washington." comes as idealist and learns seedy ways of the town. here we go again. we've seen this before. like there is no fixing this? >> i hope there is. actually "mr. smith goes to washington" was an inspiration for this film and frank capra, director who i admired greatly once said, i make message films but before i deliver the message i deliver a very entertaining story for my audience. i like to think that's what we've done too, greg. >> i was watching "60 minutes" last week and they city a story about fund-raising how everybody in washington is required to spend three hours of their day fund-raising for the party. did you have to do that when you were congress person? >> to a degree. i was democrat in two to one republican district. i was always facing tough re-election but nothing like it is today. frankly it that's culture today, that inspired me also to write this film because it is so different from what rugged self-reliant americans think ought to be the way government is run. one more time, "the congressman," by congressman bob mzrak.