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Transcripts For KGO ABC7 News 600PM 20140501

is a responsibility of maintaining the defensible spaces. >> our clients are kind of a panic mode. >> for good reason. dan brubaker is a professional landscaper saying there is a perfect storm for fire danger. >> because of the drought there is more ladder fuels. grasses are more dry. winds more strong. >> in orinda, signs read conditions moderate with you they require a watchful eye. >> all it takes is someone flicking a cigarette out of a car window. these grasses can just burn up the hill. and it's like early 90s. >> the oakland hills fire burned for hours. taking with it more than 3,000 homes and claiming lives of more than two dozen people. >> like many, thoughing there are things in common with neighbors views, a ideal location and a need to keep the home clear of debris, and anything that could be a potential fire hazard. >> we cut dry weeds all the time. >> heat is on the mind of oakland fire officials. high dry brush is being targeted. and fire crews are helping residents. >> make sure we have our defensible space. >> everyone doing their part by reducing the risk factor. >> happening now officials have just list lifted a mandatory evacuation because of a major wind driven wildfire. burning just north of rancho kooka munga. looking at a live picture now. it's spread very quickly because of the wind officials evacuated 1600 homes and closed seven schools some areas are still under volume teary evacuation. fire being fuelled by santa ana winds. >> just in case, i decided to pack up everything from just houses down. it's scary. >> this might push towards houses you know? so this is your neighborhood i live down the street here. >> you can see how windy it's been. 500 firefighters are battling flames. so far, there is no word on how it started. >> flights from los angeles grounded for more than an hour after an air traffic control computer failed this four flights were diverted to sfo. we're live with a look at the affect on flights there. laura? >> hi, care yes lynn. this airport was impacted. delays of several hours in cases earlier today. and this accepted three diversions. most affected were trying to go towards southern california or a flight from phoenix arrived two hours late. that is after the faa had solved it's problems at the los angeles center we understand that involved a glitch in the software in what is called their modernization system. >> what is your situation? >> well, i, my flight is delayed. there is no back up until 6:20. >> i heard why they can't get me on the plane. i have a funeral i'm flying down i'm going to miss because of this. >> things are slowly returning to normal. there we saw 1 to 2 hours from today. >> a horrible head on crash this afternoon. east of 92 a medical helicopter took them to the hospital. there is no word on what caused this crash. happening now in the east bay a marine salvage company recovered where hessage that have cessna crashing into san pablo bay on sunday. vic lee is live with the story. vic? iet happened just two miles from where i'm standing there. in the bay. as you said it looks like it went smoothly and quickly. they started after 4:00 ending an hour later. you can see all of the boats have now left. now let's go up to sky 7 d. we'll show you what the operation looked like. there is a large barge with a crane on it. a smaller boat i believe carried members of the ntsb as well as sheriff deputies. and waters were clear. looks like the operation sent moojly. here is frank miller. >> as they're making a pull, the crane will tip over. makes it good, and stable. >> back to sky 7 the boat carried what it found to a nearby marinea. now, ntsb can begin examining to try to find out what went wrong. vic lee abc7 news. >> vick, thank you. >> you can outsmart the bad guys. that is the lesson two south bay women learned after being kidnapped by a transient. police believe they may not be kenneth middlebrook's first victims he's known to change his look. david louie is live where the trouble started. the 19-year-old woman bought the story. he needed someone to drive him to see his father in mountain view he couldn't his car because his license was suspended she drove him to mountain view. police aren't saying what causeder to realize she was a kidnap victim. >> she felt like her safety was in danger. and that is when she decided not to be a victim. convinced him she can drive him around a little bit more and got on the freeway and crashed into another car to force them to pull over to the side >> the crash happened on bay shore freeway. officers arrived the kidnapper got behind the wheel and took off the nissan was abandoned a short distance away the kidnapper walked off. it appears middlebrook then jumped a fence or walked into this park, went to the home of a 61-year-old woman ask kidnapped her. the woman was told to get into the lincoln town car. middlebrook got behind the wheel thecht were heading first to berkeley then east. then to ione. then, there was an opportunity to escape. >> he ended up leaving her in the vehicle saying stay here, i'll be back. as soon as she had the opportunity to leave, she drove off. >> middlebrook then arrested by police and turned over to mountain view police. sargeant jayh echt r says people should be cautious. >> be wary of people. whether a sales pitch, you know, or someone trying to offer you money or get to you buy something. or something as hey, can you give me a ride? you have to be careful. you never know what is going to happen. >> in mountain view, abc7 news. >> we understand middlebrook's father told police his son suffers from post traumatic stress disorder. >> still ahead all of the water in the middle of a drought. why it's coming from and why a million people may have lost incentive to conserve. >> why has traffic been so tough on the bay bridge? tonight we'll ride along with the highway patrol to find out. >> mark zuckerberg announcing a batch of features aimed at putting people first. >> are you freelancing? selling on ebay? doing work on the side? you need to know about business insurance. 7 on your side is coming up. s yo fly all over town to find the best deals. that's why they have lots of ways to save. real big club card deals, the safeway app and gas rewards. this week, bite into a juicy, seedless watermelon. they're just $3.99 each. breyer's ice cream is $2.99. and start the fiesta. corona is just $11.97 a twelve pack. there's more savings to love... at safeway. ingredients for life. nothing beats praning ahead for times of trouble. folks are reaping rewards. it's $5 billion gallons of additional water being taken out of the sacramento river now flowing into east bay mud's reservoir. that is where we find wayne freedman live tonight. wayne, it looks nearly full. i guess it is not. is that right? >> no. it's not. where i'm standing would give you an indication of that. come june, it will be that way. as to why? >> a water fountain in oakland on a hot day we take them for granted in this time of a severe drought in california. and why not? we're not even in the rainy season. >> this is an exciting day for east bay mud. >> opening of a long planned water pipeline from the sacramento river. here is an extremely pleased east bay mud manager. >> it won't make sense to not use it. when you have it available to you and you pay for it. >> by the time it closes $5.2 combrinl gallons will have flowed down this creek, and into the reservoir. that is enough water to fill the o dot co coliseum, 24 times. >> would you regard it as an engineering marvel? >> yes. i would. >> what would romans say? . >> i think they'd be impressed. >> eileen white is the manager of operations and described how tree pumps put water 130 miles over coastal hills. it's luxury when the governor asked for 0% cut backs east bay mud requesting only ten saying customers reduced more. >> we're asking our customers to cut back on their water use. it's less than it was. >> we're using about 200 fal ones per person, per day. we can learn to use less. australia they're using 40 and 50 gallons per day. >> that is less water. a point of context watching a beautiful, but finite river of plenty. >> the morning commute has been a challenge lately. traffic has been horrendous. here is a live look at the evening commute. abc7 news on some of the theorys. back up hasn't been this bad since the last bart strike. >> i'm an impatient person. yes. it's a struggle. >> john goodwin blames it on the computers, slowing down to look at the old span. >> it's demolition work on the adjacent bridge that is more commanding visual presence. >> there are more people driving in. there are about 500 more cars during a 24 hour period. goodman says that number is not high enough to have affect on the commute we asked for a second opinion and drove across the bridge with chp officer. >> one is the demolition of the old bridge. second is the beauty of the new bridge. people are still in awe of the design. thirdly we have construction >> by law, drivers have to slow down. passengers and drivers take out their cameras to take a picture. that is never recommended caltrans says it's only going to get bigger and the site more impressive the construction on the new bridge will continue for 3 to 5 more years. >> anything that drivers want to look at is going to be a draks. >> caltrans says a better, safer view is from your bicycle the new bridge has a bicycle lane. breaking news in southern california because of a major wind driven wildfire. in san bernardino county. >> these are live pictures of the fire lines. they're trying to bring flames down. 1600 homes are evacuated are being allowed back in. >> there are santa ana winds that could pose a problem. >> spencer christian is here now with that. >> it's been warm to hot. another day of hot weather coming our way. you can see we have mainly sunny skies. here is a look at the santa cruz beach. lots of folks enjoying the beach today. 85 degrees in san francisco. and oakland. 73 degrees in half moon bay. mount tam camera looking towards ocean bay. clear skies. napa, 86. 87 fairfield and 90s in livermore, heat slow to recede. these forecast features clear, mild, mostly clear and mild tonight. warm to hot again tomorrow. but then a cooler pattern friday. warm to hot air dominating one more day. then we get cooling clouds and a sea breeze in all areas that are cooler friday. we'll start forecast at 9:00 friday morning and we'll see the sea breeze developing. low clouds moving into the bay area. so that will start the cooling trend the week ahead will be a week of change. tomorrow, a high of 83 degrees. temperatures bottoming out. 65 or 66 degrees that is indictive of what we can expect around the bay area. overnight look for mainly clear skies and mild conditions once again upper 50s to low 60s. testimony, another sunny, hot day. highs 91. mainly mid-80s tomorrow, 86 redwood city and mountain view. mid-70s on the coast. 86 santa rosa. 86 napa. east bay, 83 in oakland. 84 in union city. mid-90s going to antioch. where it will be 94. cooling down sharply friday. saturday through next wednesday temperatures normal and average range. upper 60s around the bay. upper 60s to 50 on the coast. >> thank you >> mer on the new bay bridge coming up tonight. >> caltrans with a clever fix for those broken bolts. and it came with a free chocolate chip cake. [sighs] how do you guys feel about this meal i had to not cook? you should not cook more often. i will try not to take offense to that. ♪ caltrans is using a simple solution from keeping spans to corroding and breaking filling these over the exposed epdz of the steel rod. there has been concern more could get into the rods making them susceptible to snap. >> you've had v.a threaded expend a nut sticking out at the top and bottom. the caps go over those nuts and threaded ends. >> the problem caused 32 rods to snap last year. only 192 are getting treatment. caltrans says it's not sure when it's not sure when the other rods will be checked. >> the nation's growth rate slowed to almost 0 because of the harsh weather but sit bouncing back. federal reserve said it will scale back it's program while keeping interest rates low. on that news, stock prices rose for a third day today. cisco said tonight it plans to pour $140 million into the technology revolution in which the internet will be used to create a trillion ordinary things from kitchen appliances to cars and planes. >> if you think it can't get easier to order petesa, think again. there will be a commercial to order a petes wra with a click of the remote control. >> there is more still to come tonight at 6:00. more severe weather. some of the damage from a spring storm dumping a foot and a half of rain >> mark zuckerberg looking to the future tonight. >> and oning thing you're 37 death deaths now being reported as a result of a large stun r stubborn storm system that pummelled the south eastern corner of the country. here is a flooded underpass with washington monument in the background. parts of the nation's capital are still under two feet of water tonight. here, you can see what the storm has done in baltimore. it washed part of a roadway out from under these cars the worst worth has been in the deep south. it washed out and took several vehicles with it. emily schmidt begins our report tonight in pensacola. >> the sound of flood water through this pensacola, florida neighborhood. the effects of the 24 hours of rainfall speak for themselves. are you ready to pull us back? a mobile, alabama firefighter called out as he rescued a man trapped in flood water, rick scott says there have been 200 in his state he's declared a state of emergency warning things may stay wad for a while because the storm system is moving slowly. >> no one is an miticipating it will be keep raining and raining. we thought it's going to move out. >> look at the fish river in alabama. it's clear there is not a lot of room for more rain. across the region, some bridges are washed out and roads, gone. it's why emergency officials urged people to stay home. >> there are trees down. turned down. you can't go further. then, i guess, this. >> the deadly flooding adds to the toll. national weather service says 37,000 people remain in a danger zone. more heavy rain is expected. >> train derailment is threatening drinking water supplier in richmond, virginia. you can see flames and thick black smoke rising from the train. four tanker cars caught fire. some of the petroleum spilled into the james river. the city has since switched to an alternate water source, firefighters are letting the blaze burn out. >> oklahoma governor calling for protocols after the botched execution of a murderer he convulsed violently ten minutes after giving the second of three drugs he died of a heart attack. the first time oklahoma used this particular drug cocktail and experts say it further complicates the use of lethal injections. >> physicians are not involved in the process a lot of times because it's a violation of medical ethics to assist inputting someone to death. so it's become a real amateur operation in terms of how we actually pout people to death in the united states. >> the white house says the botched executions fell short of humane standards executions now on hold in oklahoma until an investigation is completed. >> president obama is blaming senate republicans for looking an affection year increase in the federal minimum the president says the vote denied millions a way out of poverty and is urging them to take a stand. >> get fired up. get organized and make voices heard. let's assure i'm going to keep working with you. and we're here to raise wages for hard working americans. >> they estimated would it cost 500,000 people their jobs >> you can't drive in california without auto insurance or live in the united states without paying health insurance or paying fine. >> you can go into business without business insurance, but should you? >> this is an interesting subject. i learned a lot owning a business has been part of the american dream from the very beginning now, because of the great recession, and the internet, more of us are finding our inner entrepreneur. there are currently 20 million home-based businesses in the united states. >> small businesses often beginning in garages like this one. kristin peterson operates out of this garage. she's working on a new release "the dreamer" she produces and promotes her music and that created by others her business is growing. she offers growing, too. >> you've got an indy label. >> right. you do media and web sites for people. >> right. >> you're ink corporated. >> yes. >> do you have insurance? >> well, that is next on the list. >> there are so many details when running a business it's hard to keep track of everything. but insurance is cannot be overlooked. >> there is a study that 60% with small business dmotz have adequate coverage. that is a lot of people. >> that is joe rightout with consumer action. >> it's all about protecting not the assets of a small business, but your assets in terms of your home, family's savings because that is what is at risk in case you run foo liability. >> so how much does this cost? well, tony layman from insurance information network says from $20 a year a simple rider to hundreds and thousands of dollars for larger, more phone shally hazardous businesses. >> if you have manufacturing in the home, or if you have inventory you need to keep track of. and also, any professional liability risk. let's say you're a physical therapist. you want to have that liability coverage as well. >> and that brings us back to this garage, and kristin petterson. >> a blessing to hear you say this and bring to it my attention. i feel like it's important for me at this point. >> if you drive your personal car for business, be acare if you get into an accident you will probably not be covered by your auto insurance. that is something employers often fail to tell workers, too. you may need to get a commercial policy. >> if you drive your personal car for business purposes, and get into an accident you may not be covered >> probably not covered >> will the company pony snup >> that is what you've got to talk to your company about. >> right. right. don't do that. until you check. because if they find equipment in the car they're going to go aha. >> interesting. >> oscar nominated actor bob hoskins died known for his roles in "who framed roger rabbit" and "mermaids" died following a bout of pneumonia this death comes two years after announcing he had parkinson's disease he was 71 years old we'll be right back. fly all over town to find the best deals. that's why they have lots of ways to save. real big club card deals, the safeway app and gas rewards. this week, bite into a juicy, seedless watermelon. they're just $3.99 each. breyer's ice cream is $2.99. and start the fiesta. corona is just $11.97 a twelve pack. there's more savings to love... at safeway. ingredients for life. face book founder took the stage for the first essay developer's conference since it went public. >> this one had a decidedly different tone. and that is not necessarily a bad thing. >> this is going to be a different essay. >> it's been three years since mark zuckerberg stood on the stage last time facebook was a web site. now, it's all about the app. michael has known that. >> my applications got more down loads. >> yes. >> now 17 he has the most popular word game on the app store, four snaps you play with friends you log in with facebook. >> he realized people are scared to log in with facebook. >> it's a scare they're going to know everything about me. >> and mark zuckerberg knows it too. >> we're going to solve this with a service we're introducing called anonymous log in. >> a button says log in anonymously is going to be intriguing. >> he says face book needs peoples' trust. with person apps to show you. >> target wants to find people who use our app but would like to see the movie "frozen". the key note parks a departure. zuckerberg warned it would be developer focused. >> there was plenty of code for the rest of us? >> it was a little bit of a let down. not much news announced today >> in a couple weeks i'm turning 30. who doesn't like a birthday >> he's all grown up, now, so is his company. >> and kid. time is running out. >> coming up here next paul mccartney's new performance. bidding farewell to candle stick. >> what it's going to cost you [doorbell rings] hey. hey. what's this? it's u-verse live tv. with at&t u-verse... you can watch live tv from your device. hey. hey. anywhere in your home. [doorbell rings] hey. hey. so you won't miss a minute of the game. call now to get a u-verse bundle for the same great price for 2 years. guaranteed. first batch of advanced tickets for paul mccartney ticket go on sale tomorrow. they're pricey. mccartney agreed to play the final concert before it gets torn down because it's where the beatles played their last concert in 1966 the tickets that go on sale are special packages if you want a front row seat going to cost you two grand. general admission will range from 2950. >> wow. >> new figures show the bay area is leading the state in population growth. santa clara county grew making it the fastest growing county in. san jose's population fell during the recession it's back up more than a million once again it remains the third largest city behind los angeles and san diego. california total population now reached beyond 38 a brentwood boy winning a major league essay contest the giants will honor raymond beasley the fifth. congratulating him today in his schools the fifth grader beat out some 19,000 others to win the breaking barriers in sports in life essay contest. >> we can hear it together. we're like that is it. he's a grand prize winner. >> raymond wrote about the fight with brain cancer. he's going to be recognized on the field in minneapolis. >> great night for baseball. warm to hot. high clouds beginning to push onshore. looking live let's take a look at the high temperatures compared with records for today you can see many locations came close but did not quite touch the records. salinas broke the record of 93. state wide tomorrow going to be another warm to hot day 96 in fresno. palm springs here in the bay area, more 90s inland tomorrow, low to mid-90s up to 94 in antioch tomorrow. here is the accu-weather forecast. we'll cool down in areas of friday and further cooling over the weekend and next week temperatures settling back down. if you like the heat tomorrow is your day. >> thank you. >> final concert with paul mccartney is august 14th the 23 is our producer's high school reunion. >> the once soaring california condor population beginning to fly high, again. yes. it says this spring has been a productive year with it's population now at 62. yes. >> this is a huge night for the sharks >> do or die, mike. >> all cliches coming in for game seven. fans streaming in for a faceoff. we'll have a preview, next in sports. nothing more exciting than a game seven in national hockey league playoffs. at least game seven is here at the tank. the kings have momentum coming into this. they won the last three. sharks have used up all their mulligans. men in teal scored 17 goals, first three games but have only passed out one goal in three for their top five players. and team miami gets a start and goal for the game. he has spent game seven to cite his struggles the coach told us this team needs to come out with fire in their bellies. >> players have elevated play throughout the series on both teams. now is time to settle it. >> one of the things we've worked on is to have a game seven on home ice we're going to take advantage of that. and we're here now. we'll have fun with it. >> as big of a game this is i think you've got to keep it pretty routine. and when the buzzer goods off we'll be ready to go. >> sharks becoming only the fourth team after losing next three games warriors at ora cell arena themselves after losing last night with clippers. steph curry has got to be better than in los angeles eight turnovers just ten shots. now it's a must-win situation for dubs. >> you've got to make plays i mean, there is no special formula. be that game four, i can just play better rment we need them to be aggressive and make great decisions and better with the basketball. he knows it. i'm not worried about steph curry. at all. >> nba commissioner banned donald sterling for life yesterday, he did not mention family members sterling's estranged wife repoet repoeted -- repeatedly said she disagrees with her ex-husband's views. >> she didn't do anything wrong, either. you have compassion for her. you know? she's been through as much as anyone as well. and so she just wanted, she asked if she can come. which i thought was very nice gesture. and she just wanted the players to know she told me to tell them she loved them. i thought why not? >> all right heisman trophy winner weston says he forgot to pay. he was in a public supermarket in florida. and of course, quarterback puts $32 worth of crab legs and crawfish into a tallahassee grocery store and walked out. he'll have to complete 20 hours of community service. he's been suspended. a little baseball. a's in arlington. going for a three-game sweep of texas. third inning, right through the wig of a double play. eric soguard a base hit to left scoring a pair. a's score seven in the frame. right now they lead 11-0. going to be another big win for a's. this sports report brought to you by orchard supply hardware. sharks and kings about to faceoff we'll have highlights at 9:00 and 11:00. mike shumann, abc7 sports. looks like you might be wearing sharks colors. >> i'm trying to. >> get inside. it's cooler >> close enough. >> yes. >> join me tonight at 9:00. toronto's mayor says he needs a time out for his reelection. >> then at 11:00 changing the way doctors detect breast cancer. new 3 d tests helping prevent false positives. >> that is our report. our coverage of breaking news continues on twitter on abc7 news bay area. i'm dan ashley. >> i'm carolyn johnson. from all of us, have a good night. >> see you at 9:00 and 11:00. this is "jeopardy!" please welcome today's contestants -- a communications executive from silver spring, maryland... an eighth-grade history teacher from brea, california... and our returning champion, a supply-chain professional from kenilworth, illinois... and now here is the host of "jeopardy!" -- alex trebek! hey, johnny. thank you. welcome. you average $20,000 per win for a couple of days on "jeopardy!," you're doing quite well. do it for seven shows in a row, you're doing extremely well. but that's the case for our champion, julia. mallory and john, yeah, you know how good you're gonna have to be today to replace her. but good luck to all three of you. here we go. let's see what happens in this first round with these categories. eh? we want you to name the show, of course. each correct response begins and ends with the letter "c." alex: one of america's favorites. julia. norman rockwell for $200. all right. here's jimmy to start us off. in 1916, "boy with baby carriage" earned norman rockwell $75 and his first of more than 300 covers for this magazine. julia. what is the saturday evening post?

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Transcripts For KOFY ABC7 News On KOFY 7PM 20140501

skekted to be a three-day sample of summer in the bay area. elevating temperatures throughout the region. let turn to spencer christian. spencer one more day of hot weather? >> today's weather had sweltering aspect to it. let's take a look at live doppler 7 hd. you can see sunny skies beginning to move on shore. here is a look at highs we did have one record. actually it's a tie. there are santa cruz, 93. it's going to be a warm day tomorrow. major changes are coming our way. >> when the weather gets warm and dry winds start blowing it elevates fire danger in the bay area. we know that we're in for a long fire season this year because of the drought. abc7 news reporter nick smith is live from the oakland hills. nick? >> i have to show you this view because that is what this is all about. those who live here know there is a responsibility of maintaining the defensible spaces. >> our clients are kind of a panic mode. >> for good reason. dan brubaker is a professional landscaper saying there is a perfect storm for fire danger. >> because of the drought there is more ladder fuels. grasses are more dry. winds more strong. >> in orinda, signs read conditions moderate with you they require a watchful eye. >> all it takes is someone flicking a cigarette out of a car window. these grasses can just burn up the hill. and it's like early 90s. >> the oakland hills fire burned for hours. taking with it more than 3,000 homes and claiming lives of more than two dozen people. >> like many, thoughing there are things in common with neighbors views, a ideal location and a need to keep the home clear of debris, and anything that could be a potential fire hazard. >> we cut dry weeds all the time. >> heat is on the mind of oakland fire officials. high dry brush is being targeted. and fire crews are helping residents. >> make sure we have our defensible space. >> everyone doing their part by reducing the risk factor. >> happening now officials have just list lifted a mandatory evacuation because of a major wind driven wildfire. burning just north of rancho kooka munga. looking at a live picture now. it's spread very quickly because of the wind officials evacuated 1600 homes and closed seven schools some areas are still under volume teary evacuation. fire being fuelled by santa ana winds. >> just in case, i decided to pack up everything from just houses down. it's scary. >> this might push towards houses you know? so this is your neighborhood i live down the street here. >> you can see how windy it's been. 500 firefighters are battling flames. so far, there is no word on how it started. >> flights from los angeles grounded for more than an hour after an air traffic control computer failed this afternoon. four flights were diverted to sfo. we're live with a look at the affect on flights there. laura? >> hi, care yes lynn. this airport was impacted. delays of several hours in cases earlier today. and this accepted three diversions. most affected were trying to go towards southern california or a flight from phoenix arrived two hours late. that is after the faa had solved it's problems at the los angeles center we understand that involved a glitch in the software in what is called their modernization system. >> what is your situation? >> well, i, my flight is delayed. there is no back up until 6:20. >> i heard why they can't get me on the plane. i have a funeral i'm flying down i'm going to miss because of this. >> things are slowly returning to normal. there is a trickle affect that we saw 1 to 2 hours from today. >> a horrible head on crash this afternoon. east of 92 in state highway one. a medical helicopter took them to the hospital. there is no word on what caused this crash. happening now in the east bay a marine salvage company recovered where hessage that have cessna crashing into san pablo bay on sunday. vic lee is live with the story. vic? iet happened just two miles from where i'm standing there. in the bay. as you said it looks like it went smoothly and quickly. they started after 4:00 ending an hour later. you can see all of the boats have now left. now let's go up to sky 7 d. we'll show you what the operation looked like. there is a large barge with a crane on it. a smaller boat i believe carried members of the ntsb as well as sheriff deputies. and waters were clear. looks like the operation sent moojly. here is frank miller. >> as they're making a pull, the crane will tip over. makes it good, and stable. >> back to sky 7 the boat carried what it found to a nearby marinea. now, ntsb can begin examining to try to find out what went wrong. vic lee abc7 news. >> vick, thank you. >> you can outsmart the bad guys. that is the lesson two south bay women learned after being kidnapped by a transient. police believe they may not be kenneth middlebrook's first victims he's known to change his look. david louie is live where the trouble started. the 19-year-old woman bought the story. he needed someone to drive him to see his father in mountain view he couldn't his car because his license was suspended she drove him to mountain view. police aren't saying what causeder to realize she was a kidnap victim. >> she felt like her safety was in danger. and that is when she decided not to be a victim. convinced him she can drive him around a little bit more and got on the freeway and crashed into another car to force them to pull over to the side >> the crash happened on bay shore freeway. officers arrived the kidnapper got behind the wheel and took off the nissan was abandoned a short distance away the kidnapper walked off. it appears middlebrook then jumped a fence or walked into this park, went to the home of a 61-year-old woman ask kidnapped her. the woman was told to get into the lincoln town car. middlebrook got behind the wheel thecht were heading first to berkeley then east. then to ione. then, there was an opportunity to escape. >> he ended up leaving her in the vehicle saying stay here, i'll be back. as soon as she had the opportunity to leave, she drove off. >> middlebrook then arrested by police and turned over to mountain view police. sargeant jayh echt r says people should be cautious. >> be wary of people. whether a sales pitch, you know, or someone trying to offer you money or get to you buy something. or something as hey, can you give me a ride? you have to be careful. you never know what is going to happen. >> in mountain view, abc7 news. >> we understand middlebrook's father told police his son suffers from post traumatic stress disorder. >> still ahead all of the water in the middle of a drought. why it's coming from and why a million people may have lost incentive to conserve. >> why has traffic been so tough on the bay bridge? tonight we'll ride along with the highway patrol to find out. >> mark zuckerberg announcing a batch of features aimed at putting people first. >> are you freelancing? selling on ebay? doing work on the side? you need to know about business insurance. 7 on your side is coming up. [doorbell rings] hey. hey. what's this? it's u-verse live tv. with at&t u-verse... you can watch live tv from your device. hey. hey. anywhere in your home. [doorbell rings] hey. hey. so you won't miss a minute of the game. call now to get a u-verse bundle for the same great price for 2 years. guaranteed. nothing beats praning ahead for times of trouble. folks are reaping rewards. it's $5 billion gallons of additional water being taken out of the sacramento river now flowing into east bay mud's reservoir. that is where we find wayne freedman live tonight. wayne, it looks nearly full. i guess it is not. is that right? >> no. it's not. where i'm standing would give you an indication of that. come june, it will be that way. as to why? >> a water fountain in oakland on a hot day we take them for granted in this time of a severe drought in california. and why not? we're not even in the rainy season. >> this is an exciting day for east bay mud. >> opening of a long planned water pipeline from the sacramento river. here is an extremely pleased east bay mud manager. >> it won't make sense to not use it. when you have it available to you and you pay for it. >> by the time it closes $5.2 combrinl gallons will have flowed down this creek, and into the reservoir. that is enough water to fill the o dot co coliseum, 24 times. >> would you regard it as an engineering marvel? >> yes. i would. >> what would romans say? . >> i think they'd be impressed. >> eileen white is the manager of operations and described how tree pumps put water 130 miles over coastal hills. it's luxury when the governor asked for 0% cut backs east bay mud requesting only ten saying customers reduced more. >> we're asking our customers to cut back on their water use. it's less than it was. >> we're using about 200 fal ones per person, per day. we can learn to use less. australia they're using 40 and 50 gallons per day. >> that is less water. a point of context watching a beautiful, but finite river of plenty. >> the morning commute has been a challenge lately. traffic has been horrendous. here is a live look at the evening commute. abc7 news on some of the theorys. back up hasn't been this bad since the last bart strike. >> i'm an impatient person. yes. it's a struggle. >> john goodwin blames it on the computers, slowing down to look at the old span. >> it's demolition work on the adjacent bridge that is more commanding visual presence. >> there are more people driving in. there are about 500 more cars during a 24 hour period. goodman says that number is not high enough to have affect on the commute we asked for a second opinion and drove across the bridge with chp officer. >> one is the demolition of the old bridge. second is the beauty of the new bridge. people are still in awe of the design. thirdly we have construction >> by law, drivers have to slow down. passengers and drivers take out their cameras to take a picture. that is never recommended caltrans says it's only going to get bigger and the site more impressive the construction on the new bridge will continue for 3 to 5 more years. >> anything that drivers want to look at is going to be a draks. >> caltrans says a better, safer view is from your bicycle the new bridge has a bicycle lane. breaking news in southern california because of a major wind driven wildfire. in san bernardino county. >> these are live pictures of the fire lines. they're trying to bring flames down. 1600 homes are evacuated are being allowed back in. >> there are santa ana winds that could pose a problem. >> spencer christian is here now with that. >> it's been warm to hot. another day of hot weather coming our way. you can see we have mainly sunny skies. here is a look at the santa cruz beach. lots of folks enjoying the beach today. 85 degrees in san francisco. and oakland. 73 degrees in half moon bay. mount tam camera looking towards ocean bay. clear skies. napa, 86. 87 fairfield and 90s in livermore, heat slow to recede. these forecast features clear, mild, mostly clear and mild tonight. warm to hot again tomorrow. but then a cooler pattern friday. warm to hot air dominating one more day. then we get cooling clouds and a sea breeze in all areas that are cooler friday. we'll start forecast at 9:00 friday morning and we'll see the sea breeze developing. low clouds moving into the bay area. so that will start the cooling trend the week ahead will be a week of change. tomorrow, a high of 83 degrees. temperatures bottoming out. 65 or 66 degrees that is indictive of what we can expect around the bay area. overnight look for mainly clear skies and mild conditions once again upper 50s to low 60s. testimony, another sunny, hot day. highs 91. mainly mid-80s tomorrow, 86 redwood city and mountain view. mid-70s on the coast. 86 santa rosa. 86 napa. east bay, 83 in oakland. 84 in union city. mid-90s going to antioch. where it will be 94. cooling down sharply friday. saturday through next wednesday temperatures normal and average range. upper 60s around the bay. upper 60s to 50 on the coast. >> thank you >> mer on the new bay bridge coming up tonight. >> caltrans with a clever fix for those broken bolts. so what we're looking for is a way to "plus" our accounting firm's mobile plan. and "minus" our expenses. we're offering our best-ever pricing on mobile plans for business. run the numbers on that. well, unlimited talk and text, and ten gigs of data for the five of you would be... thirty-five bucks each! with a year of high-speed internet, free. ah, "free" is not deductible! i smell audit! i smell savings... at&t mobile share value plans for business. now with a year of free high-speed internet. caltrans is using a simple solution from keeping spans to corroding and breaking filling these over the exposed epdz of the steel rod. there has been concern more could get into the rods making them susceptible to snap. >> you've had v.a threaded expend a nut sticking out at the top and bottom. the caps go over those nuts and threaded ends. >> the problem caused 32 rods to snap last year. only 192 are getting treatment. caltrans says it's not sure when it's not sure when the other rods will be checked. >> the nation's growth rate slowed to almost 0 because of the harsh weather but sit bouncing back. federal reserve said it will scale back it's program while keeping interest rates low. on that news, stock prices rose for a third day today. cisco said tonight it plans to pour $140 million into the technology revolution in which the internet will be used to create a trillion ordinary things from kitchen appliances to cars and planes. >> if you think it can't get easier to order petesa, think again. there will be a commercial to order a petes wra with a click of the remote control. >> there is more still to come tonight at 6:00. more severe weather. some of the damage from a spring storm dumping a foot and a half of rain >> mark zuckerberg looking to the future tonight. >> and oning thing you're likely to overlook when running a female announcer: get three years interest-free financing on brand name mattress sets. plus, get free delivery, and sleep train's 100-day low price guarantee. sleep train's interest free for 3 event, ends sunday. ♪ your ticket to a better night's sleep ♪ [doorbell rings] hey. hey. what's this? it's u-verse live tv. with at&t u-verse... you can watch live tv from your device. hey. hey. anywhere in your home. [doorbell rings] hey. hey. so you won't miss a minute of the game. call now to get a u-verse bundle for the same great price for 2 years. guaranteed. 37 death deaths now being reported as a result of a large stun r stubborn storm system that pummelled the south eastern corner of the country. here is a flooded underpass with washington monument in the background. parts of the nation's capital are still under two feet of water tonight. here, you can see what the storm has done in baltimore. it washed part of a roadway out from under these cars the worst worth has been in the deep south. it washed out and took several vehicles with it. emily schmidt begins our report tonight in pensacola. >> the sound of flood water through this pensacola, florida neighborhood. the effects of the 24 hours of rainfall speak for themselves. are you ready to pull us back? a mobile, alabama firefighter called out as he rescued a man trapped in flood water, rick scott says there have been 200 in his state he's declared a state of emergency warning things may stay wad for a while because the storm system is moving slowly. >> no one is an miticipating it will be keep raining and raining. we thought it's going to move out. >> look at the fish river in alabama. it's clear there is not a lot of room for more rain. across the region, some bridges are washed out and roads, gone. it's why emergency officials urged people to stay home. >> there are trees down. turned down. you can't go further. then, i guess, this. >> the deadly flooding adds to the toll. national weather service says 37,000 people remain in a danger zone. more heavy rain is expected. >> train derailment is threatening drinking water supplier in richmond, virginia. you can see flames and thick black smoke rising from the train. four tanker cars caught fire. some of the petroleum spilled into the james river. the city has since switched to an alternate water source, firefighters are letting the blaze burn out. >> oklahoma governor calling for protocols after the botched execution of a murderer he convulsed violently ten minutes after giving the second of three drugs he died of a heart attack. the first time oklahoma used this particular drug cocktail and experts say it further complicates the use of lethal injections. >> physicians are not involved in the process a lot of times because it's a violation of medical ethics to assist inputting someone to death. so it's become a real amateur operation in terms of how we actually pout people to death in the united states. >> the white house says the botched executions fell short of humane standards executions now on hold in oklahoma until an investigation is completed. >> president obama is blaming senate republicans for looking an affection year increase in the federal minimum wage. the president says the vote denied millions a way out of poverty and is urging them to take a stand. >> get fired up. get organized and make voices heard. let's assure i'm going to keep working with you. and we're here to raise wages for hard working americans. >> they estimated would it cost 500,000 people their jobs >> you can't drive in california without auto insurance or live in the united states without paying health insurance or paying fine. >> you can go into business without business insurance, but should you? >> this is an interesting subject. i learned a lot owning a business has been part of the american dream from the very beginning now, because of the great recession, and the internet, more of us are finding our inner entrepreneur. there are currently 20 million home-based businesses in the united states. >> small businesses often beginning in garages like this one. kristin peterson operates out of this garage. she's working on a new release "the dreamer" she produces and promotes her music and that created by others her business is growing. she offers growing, too. >> you've got an indy label. >> right. you do media and web sites for people. >> right. >> you're ink corporated. >> yes. >> do you have insurance? >> well, that is next on the list. >> there are so many details when running a business it's hard to keep track of everything. but insurance is cannot be overlooked. >> there is a study that 60% with small business dmotz have adequate coverage. that is a lot of people. >> that is joe rightout with consumer action. >> it's all about protecting not the assets of a small business, but your assets in terms of your home, family's savings because that is what is at risk in case you run foo liability. >> so how much does this cost? well, tony layman from insurance information network says from $20 a year a simple rider to hundreds and thousands of dollars for larger, more phone shally hazardous businesses. >> if you have manufacturing in the home, or if you have inventory you need to keep track of. and also, any professional liability risk. let's say you're a physical therapist. you want to have that liability coverage as well. >> and that brings us back to this garage, and kristin petterson. >> a blessing to hear you say this and bring to it my attention. i feel like it's important for me at this point. >> if you drive your personal car for business, be acare if you get into an accident you will probably not be covered by your auto insurance. that is something employers often fail to tell workers, too. you may need to get a commercial policy. >> if you drive your personal car for business purposes, and get into an accident you may not be covered >> probably not covered >> will the company pony snup >> that is what you've got to talk to your company about. >> right. right. don't do that. until you check. because if they find equipment in the car they're going to go aha. >> interesting. >> oscar nominated actor bob hoskins died known for his roles in "who framed roger rabbit" and "mermaids" died following a bout of pneumonia this death comes two years after announcing he had parkinson's disease he was 71 years old we'll be right back. 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(announcer) love. it's what makes a subaru, a subaru. face book founder took the stage for the first essay developer's conference since it went public. >> this one had a decidedly different tone. and that is not necessarily a bad thing. >> this is going to be a different essay. >> it's been three years since mark zuckerberg stood on the stage last time facebook was a web site. now, it's all about the app. michael has known that. >> my applications got more down loads. >> yes. >> now 17 he has the most popular word game on the app store, four snaps you play with friends you log in with facebook. realid to log in with facebook. >> it's a scare they're going to know everything about me. >> and mark zuckerberg knows it too. >> we're going to solve this with a service we're introducing called anonymous log in. >> a button says log in anonymously is going to be intriguing. >> he says face book needs peoples' trust. with person apps to show you. >> target wants to find people who use our app but would like to see the movie "frozen". the key note parks a departure. zuckerberg warned it would be developer focused. >> there was plenty of code for the rest of us? >> it was a little bit of a let down. not much news announced today >> in a couple weeks i'm turning 30. who doesn't like a birthday >> he's all grown up, now, so is his company. >> and you better get investors kid. time is running out. >> coming up here next paul mccartney's new performance. bidding farewell to candle stick. >> what it's going to cost you if you want to see it. stay with us. so what we're looking for is a way to "plus" our accounting firm's mobile plan. and "minus" our expenses. we're offering our best-ever pricing on mobile plans for business. run the numbers on that. well, unlimited talk and text, and ten gigs of data for the five of you would be... thirty-five bucks each! with a year of high-speed internet, free. ah, "free" is not deductible! i smell audit! i smell savings... at&t mobile share value plans for business. now with a year of free high-speed internet. first batch of advanced tickets for paul mccartney ticket go on sale tomorrow. they're pricey. mccartney agreed to play the final concert before it gets torn down because it's where the beatles played their last concert in 1966 the tickets that go on sale are special packages if you want a front row seat going to cost you two grand. general admission will range from 2950. >> wow. >> new figures show the bay area is leading the state in population growth. santa clara county grew making it the fastest growing county in. san jose's population fell during the recession it's back up more than a million once again it remains the third largest city behind los angeles and san diego. california total population now reached beyond 38 million mark. a brentwood boy winning a major league essay contest the giants will honor raymond beasley the fifth. congratulating him today in his schools the fifth grader beat out some 19,000 others to win the breaking barriers in sports in life essay contest. >> we can hear it together. we're like that is it. he's a grand prize winner. >> raymond wrote about the fight with brain cancer. he's going to be recognized on the field in miles per hour minneapolis. >> great night for baseball. warm to hot. high clouds beginning to push onshore. looking live let's take a look at the high temperatures compared with records for today you can see many locations came close but did not quite touch the records. salinas broke the record of 93. state wide tomorrow going to be another warm to hot day 96 in fresno. palm springs here in the bay area, more 90s inland tomorrow, low to mid-90s up to 94 in antioch tomorrow. here is the accu-weather forecast. we'll cool down in areas of friday and further cooling over the weekend and next week temperatures settling back down. if you like the heat tomorrow is your day. >> thank you. >> final concert with paul mccartney is august 14th the 23 is our producer's high school reunion. >> the once soaring california condor population beginning to fly high, again. yes. it says this spring has been a productive year with it's population now at 62. yes. >> this is a huge night for the sharks >> do or die, mike. >> all cliches coming in for game seven. fans streaming in for a faceoff. we'll have a preview, next in sports. [doorbell rings] hey. hey. what's this? it's u-verse live tv. with at&t u-verse... you can watch live tv from your device. hey. hey. anywhere in your home. [doorbell rings] hey. hey. so you won't miss a minute of the game. call now to get a u-verse bundle for the same great price for 2 years. guaranteed. nothing more exciting than a game seven in national hockey league playoffs. at least game seven is here at the tank. the kings have momentum coming into this. they won the last three. sharks have used up all their mulligans. men in teal scored 17 goals, first three games but have only passed out one goal in three for their top five players. and team miami gets a start and goal for the game. he has spent game seven to cite his struggles the coach told us this team needs to come out with fire in their bellies. >> players have elevated play throughout the series on both teams. now is time to settle it. >> one of the things we've worked on is to have a game seven on home ice we're going to take advantage of that. and we're here now. we'll have fun with it. >> as big of a game this is i think you've got to keep it pretty routine. and when the buzzer goods off we'll be ready to go. >> sharks becoming only the fourth team after losing next three games warriors at ora cell arena themselves after losing last night with clippers. steph curry has got to be better than in los angeles eight turnovers just ten shots. now it's a must-win situation for dubs. >> you've got to make plays i mean, there is no special formula. be that game four, i can just play better rment we need them to be aggressive and make great decisions and better with the basketball. he knows it. i'm not worried about steph curry. at all. >> nba commissioner banned donald sterling for life yesterday, he did not mention family members sterling's estranged wife repoet repoeted -- repeatedly said she disagrees with her ex-husband's views. >> she didn't do anything wrong, either. you have compassion for her. you know? she's been through as much as anyone as well. and so she just wanted, she asked if she can come. which i thought was very nice gesture. and she just wanted the players to know she told me to tell them she loved them. i thought why not? >> all right heisman trophy winner weston says he forgot to pay. he was in a public supermarket in florida. and of course, quarterback puts $32 worth of crab legs and crawfish into a tallahassee grocery store and walked out. he'll have to complete 20 hours of community service. he's been suspended. a little baseball. a's in arlington. going for a three-game sweep of texas. third inning, right through the wig of a double play. eric soguard a base hit to left scoring a pair. a's score seven in the frame. right now they lead 11-0. going to be another big win for a's. this sports report brought to you by orchard supply hardware. sharks and kings about to faceoff we'll have highlights at 9:00 and 11:00. mike shumann, abc7 sports. looks like you might be wearing sharks colors. >> i'm trying to. >> get inside. it's cooler >> close enough. >> yes. >> join me tonight at 9:00. toronto's mayor says he needs a time out for his reelection. >> then at 11:00 changing the way doctors detect breast cancer. new 3 d tests helping prevent false positives. >> that is our report. our coverage of breaking news continues on twitter on abc7 news bay area. i'm dan ashley. >> i'm carolyn johnson. from all of us, have a good night. >> see you at 9:00 and 11:00. female announcer: sleep train's interest free for 3 event ends sunday. it's your last chance to get three years interest-free financing on beautyrest black, stearns & foster, serta icomfort; even tempur-pedic. plus, get free delivery, and sleep train's 100-day low price guarantee. but hurry! sleep train's interest free for 3 event, ends sunday. ♪ sleep train ♪ ♪ your ticket to a better night's sleep ♪ - wonderful news, non-famouses. my publicist just called from rehab. i made the internet. - you're on joanofsnark.com? - on what? - joanofsnark. it's this really cool feminist web site where women talk about how far we've come and which celebrities have the worst beach bodies. ruth bader ginsburg! - "comedy's freshest female voice."

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Transcripts For KTVU Mornings On 2 20130803

good morning. this is shaping up to be a nice day. let's head over to rosemary. >> good morning to you. we remain unchanged. the low clouds and patchy fog for us this morning. a little widespread from what we saw on friday. the temperatures will continue near the seasonal average. the extended forecast we won't see a warmup, we'll cool down a little bit. i'll have your numbers for today. we have the extended forecast coming up. >> near this morning, an oakland man is in critical condition after an early morning house fire. they tell as you father and son were living in that house. >> right alex. >> yes, there was a father and son, the elderly man, the father is badly hurt. he's at the hospital being treated right now. this man was pumped out of the home by oakland firefighters about 3:30 or so this morning. this man is in his 70s i'm told. a captain told me the man was breathing but unconscious after being trapped inside the home for some time. this is on the 10,700 block. the son was home, he managed to escape on his own. he was outside when the first crews got to the scene. he told the firefighters the father was sleeping in the back bedroom. they had to cut through security bars on a back window to reach him. >> he does slow down. seconds are the difference between life and death. we're prepared to do it and we got it off in moments. >> now, the captain at the scene said if you have security bars on your windows, it's a good idea to have a quick release mechanism that can allow for an easy escape. that could help in this case. they didn't find any working smoke detectors in this how the. the cause of that fire is being investigated this mornings morning. firefighters believe this elderly man suffered serious injuries, smoke inhalation, possibly burns, and he's being treated at a hospital in oakland. alex savage, ktvu news. a massive cleanup is under way after the fire at the station. they found a large amount of waste burning. one firefighter is being treated for minor injuries. the cause of that fire is under investigation. continuing coverage on the bart negotiations and the possible strike on monday morning. you see this clock. the clock is ticking towards that sunday night deadline. workers could walk off the job again if there is no deal before the clock runs out. bart negotiations are scheduled to resume. this is live in the newsroom to tell us where the two sides stand right now. >> it appears that they're still far apart. that according to negotiations who spoke with us -- negotiators after they spoke last night. the general manager said they've made little progress on the main issues, we're far apart on wages and pension and on medical. >> the words no bay area commuter wants to hear as a strike looms monday morning. they gave their 72 hour strike notice. and they'll be back at the table at 10:00 a.m., a second bar strike could hurt the bay area community far worse than last month. it came during the july 4th holiday week when many took days off and avoid the commute. ridership is higher in august. as frustrated commuters hope for a resolution, they are optimistic as she talked to reporters last night. >> we've been in three days now negotiator terms is a long time when you've come as far as we have. >> it's unbelievably selfish. they can probably figure it out. it takes somebody caring. >> in about an area they plan to give an update before heading back to the bargaining table. they'll meet up with them and alex savage will bring you a live report then. if there is a strike they're planning to run free shuttles from west oakland to downtown san francisco. you can also expect to see more officers on the roads if there is a strike. the chp says officers will be how the in full force to catch carpool violaters. they plan to restrict the west grand onramp so they can use it to get on the bay bridge. we posted information on alternatives to bart including buses and car pools. you'll find live traffic updates on ktvu.com. protestors are camped outside. they plan to on staying despite protestors. they held their first rally, they want to keep the historic building from being sold. what has started with 2/tenth has grown to ten. >> we see no reason why they should get rid of it. some of us plan to stay regardless of what happens. last night the protestors took a break to watch what movie. the tents need to come down, but have not given the protestors time to move out. >> they hope their encamp piments gets the public's attention. the 30th homicide of the year in san jose, someone shot a 19-year-old female riding in the car. the driver is not a suspect. the victim was taken to the hospital where she was pronounced dead. so far no suspects have been identified and the motive is unknown. police say a security guard was injured in a drive by shooting outside of a nightclub. it happened on may son and gary streets. police tell us the security guard was shot in the leg and is expected to survive. it's unclear if he was the intended target. no arrests have been made. people can trade in their firearms for gift cards. they're hosting a gun buy back. you can go to three different locations. gun owners can trade in anything from a rifle to an assault weapon and gift cards will range from $a to $100. >> this has been smooth sailing in the bay area. let's check in with rosemary to see if we can expect more of the same. more of the same is what we're diagnose to see. temperatures will be on the mild side, warm inland. seasonal temperatures in most cases. the clouds are back, patchy fog and patchy drizzle over parts of the coast this morning. giving you a view there of the bay bridge. visibility is a little tough. if you step out you'll have an early morning drive, it's cooler out there. temperatures in the 50s this morning. look at the clouds in the north bay. it's right around san jose. if we get east, areas around concord, they're waking up with mostly sunny skies as well as liver more on the farther east you go. the onshore breeze is still with us. the northerly flow has weakened just a little bit. that's why we're looking at more cloud cover farther inland this morning. the onshore breeze slightly stronger than it was, several changes in the forecast for your saturday. 56 degrees in concord, 357 in oakland, 357 for mountain view and as we get into the afternoon, we'll see a repeat, that means mostly cloudy skies, 70 around the bay, 80s to near 90 degrees for some of the warmest locations. the sea breeze will be with us once again in the afternoon. here's a look at what you can expect for your neighborhood. 66 in sauce lee tow. temperatures no the -- sausalito. up over the east bay hills. liver more 86, 85 in concord, some areas warmer, some cooler. 70 degrees along the boardwalk in santa cruz for your afternoon. along the peninsula it will be a nice day. 77 palo alto, 64 this afternoon if you machine on heading to san francisco or spending the day there. your extended forecast, temperatures will cool slightly on sunday, notice monday, not a lot of change, how about tuesday? as we get into wednesday, our temperatures cool an additional degree or too. all in all just below the seasonal average, temperatures ranging in the inland areas. low 60s for the coast. i'll have a look at your lunchtime numbers coming up. >> there's a reason to take over the travel warnings seriously. what the state department reveals about threats coming from al qaeda. >> he told ktvu he didn't start the fire and he's charged with arson. the suspect was committing other crimes before it broke out. you have to head into the city from the east bay. smooth sailing, no problems to report for you on roads around the bay area. your time 7:11, this is mornings on 2. it's a great start over the bay, partly cloudy skies for the afternoon and mild to warm temperatures expected. new details what prompted an overseas travel alert for people. 21 embassies and consulates will be shut tomorrow. there are threats targeting the middle east and africa from al qaeda. the chairman of the joint chiefs of staff said threats were more specific than previous ones and the targets are western. >> i don't think they would have us close so many embassies and consulates without good information. san jose congressman flew back and it will be in effect for the entire month of august. it will make it easier for the veterans to get through airport security, the bill is headed to the president. it's the helping heroes fly act. it comes after many service members talking about having to remove clothes and prosthetics in front of other passengers and it was a struggle to get through screening machines. the state stand your ground law. this is a controversy from the george zimmerman trial. they've been staging a sit-in outside the governor's office demanding that law be changed. convicted kidnapper and rapist ariel castro is in a prison in hoe high. he's being evaluated to decide what president he will be sent to. he's sentenced to 1,000 years and is sentenced to life without parole. he was charged for kidnapping and raping gina dejesus michelle knight and amanda berry. michelle knight went back to the house where she was held hostage and she went to see the people who rescued her. >> she is a very strong person. >> the house is scheduled to be torn down. michelle knight told neighbors that she hopes it's replaced with a guard garden and an angel statue overlooking it. these two men held a 15- year-old run away on a marijuana farm. prosecutors say they forced her to help process the pot and repeatedly abusedder her. the men kept her in a tool box for punishment. they said on two occasions she was forced to stay in the box for as long as 3 days in prison. both men could face life in prison if convicted. a fire damaged six apartments and injured a millbury firefighter. it happened at a condominium building on vallejo drive. the fire started in an empty unit that was being remodeled. plumbers called 9111 after seeing the flames. the injured firefighter has been released from the hospital and no one was hurt. a fire destroyed six cars at a complex. this man was arrested for arson. he lit a cigarette while he was siphoning gas from his neighbor's cars. he denied starting the fire. damage from that blaze is estimated at $200,000. there's an effort to reach an out of court deal in pepper spraying incident. john peaks worker's comp claim, a hearing set for later this month is cancelled. the case will not go before a judge unless pike and the university fail to reach an agreement. pike gained attention when there was an occupy protest 2011 contest went viral. an online program is opening up now. applications are being accepted for the online program in the fund. the program is funded by the state and it's designed to boost online learning. it will offer 36 online classes biology, geography statistics and astronomy. students who attend california university, that is the first to become a smoke- free campus. they've removed all ash trace and put up signs advising they cannot smoke. >> knowing it's smoke-free makes it a better environment for me. >> there cannot be any sale or distribution of tobacco on the campus. the two-year agreement includes an agreement on take home pay. employees staged a one-day strike on july 1st. labor talks begin between the unions. several unions were represented including the bus drivers and contract with ac transit expired at the end of the june. cal transit will put every steel fastener on the bay bridge to the test. they'll figure out how long the bolts will last. the tested bolts will be tested to extreme stress and in a bath of highly corrosive salt water. they're doing sewer cleaning, it's being done on market 3rd and ninth street. it will continue until 4 tomorrow morning. muni's overhead wires will be shut down during that cleaning. motor coaches will be in place while that is done. a construction project is working on 4, drivers were detoured on to the off ramp and back on to the highway. today construction starts at the free month bart station as part of a plan to extend bart service to san jose. the work will take about a year and it will impact parking at the center. there won't be permitted parking spaces available but there will be more street parking on the drive. it will extend bart to the warm springs area of treatment and all the way to san jose. free month all the way to san jose. specify. >> the big event for techies today. why organizers of the outside lands festival. >> we'll be partly cloudy to mostly sunny for the afternoon and enjoyable temperatures expecting. i'll have a look at what you can expect for your neighborhood coming up. well, the fight between time warner cable and cbs is escalating. they dropped cbs programming to 3 million customers. in new york, los angeles and dallas. the show time the movie channel and the network. they're fighting the costs to carry cbs networks. negotiations are expected to continue monday. the owner of the boston red sox bought the globe. john henry will pay for the newspaper. it's a drop from what the times paid for the paper 20 years ago. the boston globe has taken a hit in recent years as more readers and advertisers move online. they surpass the price of the ipo, they close 38.05. that's 5 cents more than its initial offering. analysts say the stock rebounded when it found it was making money from mobile advertising in recent years. >> there's new event to this year's lineup. the high tech event kicks off at 3:00 this afternoon. about 200 developers and designers will pair up in teams and compete and create an app for the festival. the window of the -- winner of the app challenge will be announced on august 7th. the 13th annual event runs through sunday. it wraps up 8:00 tonight. >> several streets in the downtown area will be closed. they include jefferson, clay and 12th and 14th streets. >> the time is 7:25, if you you've been liking the weather lately you should like it this weekend. more of the same, no complaints here. >> it's hard to gripe about this weather. we'll see plenty of sunshine away from the coast. a little change is in store for the overall pattern for saturday as well as sunday. outside our doors mostly cloudy, north bay, south bay east bay and along the coastline. temperatures are holding in the toos -- 50s around the region. it's in the upper 50s and low 60s. meanwhile around the bay it will be a great day to get out to the art and soul festival. it will in the low 70s for the afternoon. in our inland communities mid p 0s for the lunchtime. here's a look around. 87 in antiyoke and 86 in liver more. the numbers are like yesterday. it's warmer in some areas and a tad cooler in other areas. 77 san raphael, it's along the peninsula. mid-70s from palo alto. the extended forecast temperatures will begin to turn downward. it was very subtle. some of us may not notice, into monday, more of the same. temperatures cool a little more tuesday and wednesday. i'll have a look at the conditions coming up. >> the protestors are sending to russia today, the message they're sending. >> we're speaking with union leaders and we'll bring you the latest on contract talks. look at 'em. living on cloud nine with that u-verse wireless receiver. you see in my day, when my mom was repainting the house, you couldn't just set up a tv in the basement. i mean, come on! nope. we could only watch tv in the rooms that had a tv outlet. yeah if we wanted to watch tv someplace else, we'd have to go to my aunt sally's. have you ever sat on a plastic covered couch? [ kids cheering ] you're missing a good game over here. those kids wouldn't have lasted one day in our shoes. [ male announcer ] add a wireless receiver. call to get u-verse tv for just $19 a month with qualifying bundles. rethink possible. that clock is ticking on a strike deadline and no deal on the table between bart and its unions. they're bracing for the traffic nightmare. good morning. >> bart negotiations are scheduled to resume this morning at 10 chock. this katie is here to tell us where they stand. >> reporter: we spoke with leaders from both sides as they left negotiationses. they are far from a contract agreement. we're scheduled to get an update from half an hour from the leaders. the unions gave their 72 hour strike notice thursday evening. last night bart's general manager said they're far apart on wages medical benefits and pensions. they said both sides need to put commuters first. >> bart management and bart labor negotiation shatters have to negotiate to an agreement, not to a standstill. >> governor jerry brown has the power to have a cooling off period. the governor hasn't said whether he'll use it. they're meeting in a half-hour before head nothing the contract negotiations. alex savage will be speaking to them and he'll bring you a live update in the upcoming hour. in the event of a bart strike, they're offering a place for stranded commuters to work. the work space with free internet will be open monday and tuesday between 8:30 to 5 p.m. there are areas for people to plug in electronic devices. if there is a strike, we'll bring you the very latest a half-hour early, and you can join us at 4:00 a.m. >> a man is in critical condition after a house fire. his father and his son was living in this house. the father, an elderly man was still inside when they arrived. he remained unresponsive on route to the hospital. >> there's nothing to indicate that there was any foul play. >> crews were able to put that fire within 20 minutes of the fire. the home did sustain extensive damage. the cause is still under investigation. no one is hurt. >> a shooting left one man dead, it happened near the tenth street. they found a body on the sidewalk. the victim was what man. witnesses say a trail of bullet cases seemed like they chased that victim down the street street. >> the event raises crime prevention awareness. thousands of residents are expected to participate: residents are encouraged to organize a barbecue or anything that brings a community together. new this morning, in his weekly address, the president says more needs to be done to secure a better bargain for middle class. >> we're lacking something from washington. we have ideas for growing our economy. i have a grand bargain for the middle class. >> he says he's willing to work with republicans for tax breaks for businesses, but he'll only do it if money is used for infrastructure, job training and job growth. the defense of marriage act next week, these applications will receive equal consideration. john kerry made the announcement in london yesterday. same sex marriages will be valid under us immigration law as long as they are performed in places where it is legal. gay rights activeys will be protesting a series of laws. they'll install a 20-foot flag poll in front of the building and fly a rainbow flag. in west hollywood they're going to boycott to russia's anti-gay laws. they dumped out the water from the bottles. it continues to be supportive of the gay community and has no ties to the russian government. this marks the first anniversary of the chevron refinery fire. this event starts and the bart and the rally is starting at noon. the city of richmond hats a lawsuit against chevron. they blame chevron's neglect and corporate indifference as the cause. the suit claims that the company knew about serious problems and did nothing to fix them. that $to all the property damage, 15,000 people had to seek medical attention after the fire. >> this is about a change in chevron's corporate culture to place safety of the community as a top priority. the city did not set a dollar amount and is asking for a jury to determine damages. some lawyers say it could be 18 months before it goes to trial. the suit has no validity and is an example of what it called failed city leadership. >> it's heating up in the bay area after the power ball jackpot took a big jump. it's worth $300 million. the $2 are selling fast. tonight's drawing is 8:00. you have until 7:00 to buy your tickets. this is below the jackpot of 500 million dollars. temperatures are very mild out there. some people feel like they're being cheated where are the summertime temperatures. it's hard to gripe about it, if you don't like it cloudy and cool, head inland the temperatures are warm and not too hot. we have partly cloudy skies expected for the afternoon, the marine layer, it's about 2,000 feet. the onshore breeze is a little stronger and the northerly breeze has congested abet. we had sunshine yesterday. so, this pattern is going to continue. the onshore breeze, the marine layer 2,000 feet. the onshore breeze is helping the marine layer, it's part of the north bay santa rosa napa, the canyon, and east we have best shot of seeing sunshine. you have to get right about here and then to the east. as i shift out just a little bit. san la money now, it's in the last hour we'll be here and temperatures will be nice mild to warm away from the coast. 54 in half moon bay. remaining cloudy and cool for your afternoon. 53 in san francisco, 55 for walnut creek, shifting to the peninsula. 59 for you palo alto. one last shift, mostly cloudy skies. for the afternoon, 82 for you, 77 san raphael, 67 in sausalito. if you are going to see the a's play this afternoon, how about the santa clara valley. 83 for morgan hill. 64 in san francisco. the extended forecast, temperatures will cool slightly for the second half of the weekend. some of us may not notice as we get into the work week an additional cool down by tuesday, wednesday may be the coolest day, low 80s, mid to upper 6 os around the bay, 60 degrees at the coast. back to you. one game closer to the little league world series. [ cheering and applause ] >> they're excitement. a crowd gathered to watch the nationally televised game. the all stars are playing in the little league westerly regional tournament. we wondered what it would be like playing in the little league. >> it would be really one of the most fun experiences in our lives probably. >> one of my dreams for sure. they won last night's game 8-0. the next game is scheduled for tomorrow. good luck to them. >> good luck. all right. waiting for their checks. the problem that has delayed thousands from getting employment. >> he left without paying his bills but one restaurant decided to chase him down on social media and they posted the picture and it went viral. >> look at that sun making an appearance out there. this is 280 on san jose. we don't have any major problems to report for you. if you are headed out on those bay area roadways much it's 7:40 on the clock and this is mornings on 2. good morning, giving you a live look there at the sunshine, attempting to go through those low clouds this morning. >> happening now, they're working to restore power to thousands of customers. the power went out this morning. 5700 customers are without power in san leandro this morning. it's not clear why it went out or when it will be st a deadly train accident, a parked car in canada carrying crude oil killed 50 people. they're trying to put rules into place to keep trains from moving unintentionally. a plane crash in at that hoe last week. they say the -- tahoe last week. it killed steven and seriously injuring his wife. the weather was clear when he went to take off from the south lake tahoe airport. the plane crashed in a heavily wooded area. a nurse was walk in the area and provided medical aid to his wife. the bomb squad was carried to the area of turk and mason streets l.a. last night. they rerouted traffic. after two hours they deemed the device harmless and reopened the streets there. a repscyhoher is being find 4.1 million after an undercover operation. they caught the middle management buying stolen copper and scrap metal. they teamed up for the investigation. since metal thefts have continued to skyrocket they sent undercover officers out to the recyclers. >> seven out of eight recycling centers did not follow the correct procedures. >> this is a major problem. it's a public safety problem and an economic problem. >> the metals recycling investigation is still ongoing. >> they've released two photos in hopes to identifying the a bankruptcy. the man wearing that knit cap in that photo robbed a branch in mill valley. witnesses say he got away on foot. he's described under six feet tall in his 50s, he's wearing a hooded jacket, black boots and black gloves. we are finding out new details about a former death row inmates. 70-year-old is charged with killing his 90-year-old mother in november. police said he hid his mother's mother in a trash bin for weeks. he was paroled in 1990. the us supreme court has cleared the way for an early release of 10,000 california inmates for the year. they've cut the prison population. they found inmates were dying and suffering because of inadequate medical and mental health care cause bid overcrowding. they warn the relowses could cause a public safety crisis. a discrimination lawsuit has been thrown out again. the case started 12 years ago after a pittsburgh woman said they were denying her and other workers pay raises and promotions much. the workers filed a scaled down version of the lawsuit. it was still too wide ranging to qualify as a class action lawsuit. >> thousands of unemployment payments have been delayed because of a computer glitch. that started last weekend when the state department upgraded its computer software. all about 6,000 people still haven't gotten their payments. the agency is working to fix the problem and get those payments made mailed in the next couple of days. they hold the man accountable on the tab. he was arrested on probation after a picture of him went viral. they posted this photo of him on facebook. it was taken at the public the orb -- pub when he skipped out of his bill. they posted it to watch other businesses watch out for him. a stomach bug has made more than 400 people sick. it's been linked to salad mix served at olive garden and other witnesses. they've traced it to a farm in mexico. it's prepackaged salad mix to those two chains. fish and wildlife has confirmed, they have claimed to see giant fish in the river. now, officials have confirmed that large surgeon have been seen there. >> major league baseball is expected to announce more suspensions and it could involve one of the sport's biggest names. alex rodriguez is in negotiations over the possible suspension of his contract. he's going to have to accept a suspension for the season or face a lifetime ban. >> he addressed the investigation saying there would be multiple people who would benefit from him never returning to the field. >> people are finding creative ways to get him out of the contract. >> it should be a concern for me ran other place players as well. >> he said it stopped in 200 #. he's one of 20 players who used drugs from a biogenesis clinic. outfielder ryan braun was the first to be tied to the biogenesis clinic. he's apologized and @ admitted he did things wrong, but did not specify what that was. nike has explained its decision to drop him. a cow player, they signed cal receiver la develop hawk ins. what's the fourth's camp. they signed wide receiver austin colleague. he appeared in one game last year due to injury. daytime host he will indid he generalleries will be hosting the academy awards. they want someone who they are comfortable with. they'll air on march 2nd. they're the most watched television event after the superbowl. the city of sonoma was ranked one of the friend least cities. it got high rankings on the casual vibe, world class vineyard and food. oakland is 2 when it came to unfriendly cities. >> there's room for debate there probably. >> yes. how local organizations helping children stock up on school supplies. >> it's better to give than receive. who the boy wanted to help on this day. patchy fog and cool conditions. what you can expect for your saturday afternoon coming up. t set up a tv in the basement. i mean, come on! nope. we could only watch tv in the rooms that had a tv outlet. yeah if we wanted to watch tv someplace else, we'd have to go to my aunt sally's. have you ever sat on a plastic covered couch? [ kids cheering ] you're missing a good game over here. those kids wouldn't have lasted one day in our shoes. [ male announcer ] add a wireless receiver. call to get u-verse tv for just $19 a month with qualifying bundles. rethink possible. right now a man and three mules are making their way around the bay area. john has been watching across the country with his mules for 29 years. he says he wants people to realize that the land is being taken over by development and we should connect with the natural world. he's headed toward the golden gate bridge. he's submit add request to allow the mules to walk across the bridge. a donation drive for the military. it will be in san jose. shoppers can pick up extra items for the troops between 9:00 a.m. a 3:00 p.m., volunteers will be there to collect the donations. you the nighted service organizations inc has been supporting the troops since 1941. 200 underpriveleged bay area students will be able to go shopping. the goal is to provide uniforms for children and the kids can focus on their studies instead of their torn clothes. they'll receive $100 to spend at old navy. they've teamed up to team up to supply them with school supplies from this family giving tree organization. the group started in 1990 and have donated 9,000 back packs and. >> some kids are not as fortunate. we need to help them so they can have the same experience as us. >> these are families who are choosing between paying rent or food. the buying of school place are not on their list. >> the family giving tree says it's still accepting donations. a boy didn't want toys or cake for birthday, but wanted money to give to the food bank. he asked people to give him money instead of birthday folks. it will help feed now 400 people. >> the fridge is empty, arrest hardly anything in the cabinet. i already got all the stuff i need, why not? >> he said it best. he didn't go empty handed for his birthday. the family still surprised him with a few gifts. >> that's awesome. awesome at ten! good for him. let's go to rosemary for the weather. how about an awesome forecast. it's a bit gray right now. it's partly cloudy skies a great day for a ball game. out at the cothis afternoon, it's going to be partly cloudy 68 degrees. it's going to feel quite nice out there for today's game. temperatures in the afternoon, a lot like we had yesterday, upper 50s to low 60s right along the coastline. mid-60s are expected in downtown san francisco, get up over the east bay hills it's nice and warm. low to mid-80s expected around con word walnut creek, in the upper 80s to near 90 degrees. seasonal this time of the year and as you'll notice not a lot of change going on. we'll cool slightly for the second half of the woke end. temperatures hold steady for monday and additional cooling expected tuesday into wednesday and it's subtle and in some cases may not notice as much. giving you a long at the current conditions coming up in a little bit. >> we are just one day away from the strike and both sides are headed back to the negotiating table this morning. they're talking to the chief negotiator for the sciu union and where they stand he. a ground opens new a small pasture in kansas. it keeps growing and he's out of solutions. two days left to hammer out a deal and we're talking this morning with union negotiators, what they think needs to happen to get a deal done. >> our leaders say they're far from an agreement. options are necessary, we don't need a strike. what prompted the shut down of embassies all across the world. welcome to mornings on 2. let's check in with rosemary for a look at the forecast. we have another nice day in store waking up with the low clouds patchy fog, visibility down in santa rosa. we have delays for the fso airport, if you have ng into th sunny skies away from the coast. near seasonal temperatures, the extended forecast. we'll have the look at the extended forecast. we'll have a look at your numbers for today coming up. >> continuing coverage, now, on the bart negotiations and a possible strike monday morning. the clock ticking toward the deadline. one day 15 hours, 59 minutes. workers could walk off the job again if there is no deal before that clock runs out. we've been following the negotiations from the perspective of bart management. she joins us with where she stands and alternative options. >> we'll be back with union negotiators. the two sides remain far apart on wages and medical benefits and pensions. despite growing public frustrations they remain focus on the task at hand. >> i don't pay attention to public opinion. my objective is to settle the labor contract. >> the contract is far from settled as they gave their 72- hour strike notice. a strike next week would have a greater impact on commuters as the last strike during last night hit during the fourth of july holiday week. the governor could step in and stop a bart shut down or the unions could continue to work under their current contract. there are options that wouldn't help the transportation agencies, we don't need to impose the union doesn't need to strike. they could consider to serve the bay areas and our writers together as we work this out. >> if there is a strike, they're planning to run three shuttles. seven stations rather to west oakland and downtown san francisco, this is video from the charter buses used in the previous strike last month. those pickup points are the walnut creek dublin pleasant ton and freemont bart stations. it will run its regular service and run lines depending on bus and operator availability. they'll have 13 boats in service during a strike. that's one more since the last struck. they add departure times. we'll have more on the commute options people have on monday morning and including an incentive for those to do casual car pooling. >> we're talking to union leaders, alex savage will have more on their side coming up in a few minutes. if there is a strike though, make sure you head straight to k tv.com. on our website we've posted all the terms to bart. you'll find your drive time traffic information, that is all on ktvu.com. the morning show will be there for you as well. the morning team will bring you the latest, a half-hour early on monday morning. join us at 4:00 a.m. >> happening now, protestors camped on the berkeley post office. they plan on saying despite warnings from postal inspectors. they held their first rally. they want to keep the historic building from being sold. what has grown from two has grown to ten. it's the berkeley post office defense. >> we see no reason why they should evict us. some of us are planning to stay regardless of what happens. >> last night they took a brick, watch a movie. they have not given a specific time to move out. they're hoping their encamp piments gets the public's attention. a they're searching for a cause of a fire that left an oakland man in critical condition. a father and his son were living in the house, firefighters say, and when they got there an elderly man was still inside. they had toquet through bars on the windows to get him out. he was unresponsive to the hospital. no one else was hurt. san hoe hay say police are investigating the 30th homicide of the year. it happened 1:20 in east san salvador. someone shot a 19-year-old woman who was riding the car. the driver is not a suspect. the victim was taken to the hospital where she was pronounced dead. no suspects have been identified and the motive is unknown. in san francisco, police say a security guard was injured in a drive by shooting. it happened on ruby sky, police tell us the security guard was shot in the leg and is expected to survive it's not clear whether he was the intended target and no arrests have been made. people can trade in their firearms for gift cards. they're hosting a gun buy back. participants can go to three different locations. you have the fairgrounds and the richmond police department. gun owners can trade a rifle to an assault weapon. most of the gift cards range from $50 to $100. what prompted an overseas travel alert, they are shutting down 21us consulates and u.s. embassies tomorrow. the us interintercepted communications about threats targeting the middle east and north africa and today the chairman of the joint chiefs of staff that the threats were more specific than previous ones and we should take it seriously. >> washington, d.c. the travel alert will be in effect for the entire month of august. the bill requires the tsa to make it easier for wounded or disabled military veterans to get through airport security is in front of the president. it's the helping heroes fly act. they have had to remove clothes and prosthetics in front of other passengers. it was a struggle to get through screening machines. >> your time 8:07, if you get ready to head out the door, good news, the weather will be great if you like it right rosemary. it's a great morning to get out for a run or a bike ride. we'll get over the berkeley and oakland area. santa rosa visibility anywhere from half mile to a mile. they're reporting visibility from two to three miles. as i mentioned at the top of the hour, they're reporting delays for some flights. it's north bay, south bay along the peninsula and into the east bay, richmond oakland and you get east of this and we've got mostly sunny skies er concord. we have san ramon, and livermore as well. we're continuing to fill in. it's turning mostly cloudy. we'll see the sunshine once again away from the coastline. the clouds will remain right along the coastline once again for today. the onshore breeze 21 miles per hour a little stronger than what we had yesterday morning. the low clouds a little more widespread, but all in all only subtle changes in store for your forecast today. 54 degrees in san francisco, 356 in hayward, mid-50s for areas around walnut creek. as you slide into the east bay, 59 pittsburgh, 65 under mostly sunny skies. a mild start for you. mostly cloudy and cool. for the afternoon morning clouds, afternoon sunshine and the onshore breeze picking up just a bit for the second half of the day. afternoon highs for today. 80 degrees for nevada, 66 sausalito, temperatures will be warm inland. some of our warmest locations, 87 in antioch, 86 degrees nor pleasant ton. temperatures will be mild. upper 60s to low 70s. these numbers are where they should be for this time of the year. 81 for saratoga. 77 palo alto, mid-70s for mountain view. low of 0s to mostly cloudy skies remaining at the coast. the extended forecast here, little to talk about, we do see just a slight cooling trend as we get into tomorrow so the second half of your weekend a tad cooler than today, temperatures don't budge a whole lot as we get back into work on monday. it's only subtle changes in the forecast for the next several days. i'll have a look the your lunchtime numbers coming up. >> it was an unexplained site in a small kansas community. >> my brother found it and he called me up and his voice was, you can't believe what i've just seen. >> here why the local sheriff is warning to stay away for safety. >> michelle knight faces her captive in court and reactions from neighbors when she turned up outside the house that was her prison nor more than ten years. overcast skies over oakland this morning, but for the afternoon pleasant weather in store for the art festival. people in kansas are being told to stay away from that very large sinkhole. it actually opened up in a pasture. look how huge that is. it's a 90-foot deep hole emerged overnight. it appears to be getting bigger and bigger, he's not sure how to stop it. for that reason he's asking people to keep their distance although people are climbing in it. curiosity is winning out because everyone is heading to the sinkhole to see it for themselves. ariel castro is now in a correctional institution in grafton ohio. he's being evaluated when they decide which president to do. he was sentenced to life in prison with additional 1,000 years without parole. he pleaded guilty for kidnapping and raping gina dejesus amanda berry and michelle knight. >> michelle knight went back to cleveland to the house where she was held hostage and she went back to thank neighbors for rescuing them. >> she is a very strong person. >> his house is scheduled to be torn down. michelle knight told neighbors she's hoping it will be turned into a garden with a large angel statue put in it. weeks of protests over the george zimmerman acquittal of the shooting death of trayvon martin. a group of student propose testers had been staging a sit- in in florida demanding the law of stand your ground be changed. this has to do with a police officer john pikes workers comp claim. it's been cancelled and the case will not go before a judge unless pike and the university fail to reach an agreement. he gained attention like this when he sprayed pepper spray at a protest. that went viral. six cars were destroyed at what apartment complex. they arrested bradley later yesterday afternoon. he lit a cigarette when he was siphoning gas from his neighbor's cars. he denied starting the fire. the damage from the blaze is estimated a the $200,000. a massive cleanup is under way at the transfer station. it started at 7 last night. there was a 1,000 structure. they found a large amount of waste burning there. one firefighter was hurt and was taken to the hospital with minor injuries. the cause is still under investigation. police are investigating a shooting that left one man dead in west oakland. it happened 6:00 last night, at the man deal park intersection. they found the body on the sidewalk. witnesses tell ktvu that the victim was a male and the trail of bullet cases seem like he was chased did you know the street. they are planning the 30th and you'll national night out. thousands of residents are expected to participate. as of yesterday there were 654 registered parties. they were encouraged to have a barbecue or any situation that brings the community together. it's the first tuesday of august every year. >> oakland city workers have voted to improve an union contract. it includes a 12% increase in take home pay. they reached a contract agreement after employees staged a one-day strike. labor talks continue between ac transit and its unions. there was a closed door bargaining situation in union. there was the bus driver union and their transit occurred in june. there was a massive program that will put every steel fastener on the bay bridge to the test. it should help spot weaknessance how long it will last. it will last 150 years or more. the tested bolts mr. be subjected to extreme stress and in a bath of highly corrosive salt water. this is being disrupted because of sewer claimed the work is being done on market. it began at 2:00 this morning and will continue through 4:00 a.m. tomorrow. the overhead wires will be shut down during the cleaning. the trains and all electric coaches will be placed with motor coaches at the time it's done. the bart station, the freemont bart station will extend the service. bart says there won't be as many as permitted spaces available but there will be more street parking on the drive. it will extend it to the warm springs area to freemont. one campus will be smoke- free as they put a ban on anything from cigars to electronic cigarettes. students are stressing out about the high cost of returning to class. >> it's a gloomy start to the day around the bay, coming up when i expect these gray skies to clear and a timeline coming up. look at 'em. living on cloud nine with that u-verse wireless receiver. you see in my day, when my mom was repainting the house, you couldn't just set up a tv in the basement. i mean, come on! nope. we could only watch tv in the rooms that had a tv outlet. yeah if we wanted to watch tv someplace else, we'd have to go to my aunt sally's. have you ever sat on a plastic covered couch? [ kids cheering ] you're missing a good game over here. those kids wouldn't have lasted one day in our shoes. [ male announcer ] add a wireless receiver. call to get u-verse tv for just $19 a month with qualifying bundles. rethink possible. school may be out for the summer, but college students are worrying about the classes come fall. according to the survey 71% of people who pay for college are stressed out by that financial burden. >> it's unclear why college tuition has increased at the astronomical rate it has, but what is clear is that people have valid education as the gateway to success in career in life. now, they're starting to second- guess that trend. >> the website say most people go to college expecting to land a well paying god, but most college grads are moving back home after they are unable to find work. >> scott fuller ton will be and you able to light up. it will be the first campus to be smoke-free. they're banning cigars, pipes and cigarettes. they've removed all ash trace and put up signs advising investors of those changes. >> i don't smoke but i don't feel comfortable about telling people not to smoke. it's their right. >> i'm flood it doesn't apply to me. cal state campuses are getting ready for the debut of the program a few weeks ago. campuses are gearing up for the future. applications are being accepted for the online program in the spring. the program is funded by the sit and is designed to boost online learning. it's going to offer subjects such as biology geography statistics and astronomy. organizers are adding a new event to this year's lineup. the 24 hour hackathon. about 200 developers and designers will pair up and compete to create an app for the music festival. the winner of the app challenge will be announced on august 7th. let's het on to rosemary to see what your weather looks like. you have plenty of gray skies, we have sunny skies coming our way this afternoon. inland it's sunny. by 10, 11:00. at the coastline we'll remain partly cloudy and cool. a few low 60s inland. into the lunch hour we'll be feeling good, right around pacific a and it will be 357 degrees around lunchtime, 60 degrees for oakland. those are the lunchtime numbers and as we get into the second half of the day, the warmth fills in a little bit more. here's a look at numbers in your screen. 70 degrees in hayward, upper 70s to low 80s this afternoon. it's going to be a great day if you're going to go to the music festival. 8 os antioch, 78 in san jose. your extended forecast, temperatures will cool slightly as we get into sunday, not a lot of change on monday, another drop in temperatures comes our way tuesday into wednesday but again all in all notice minor changes in the forecast widespread, low to mid- 80s in the forecast as we get into the middle part of the business, low 6 os at the coast. i'll have a look at your current temperatures coming up. >> facebook finally surfaced the much anticipated ipo, it close add 38.05, that's .05 more than its public officer -- offering. the stock rebounded when it showed it was making money from mobile advertising in recent months. the fight between time warner and cbs, they dropped cbs programming to 3 million customers. other channels that were dropped show time, the movie channel and the cbs sports network. two sides are in dispute over the cost the cable prior pays carrying cbs networks. the negotiations are expected to continue on monday. the owner of the boston red sox has struck a deal to buy the boston globe. john henry will pay $70 million from the paper. it's a huge drop from $1.1 billion the times paid for it 20 years ago. the boston globe has taken a hit in recent years as more readers and advertisers move online. how much buying a ticket for this drawing could get you. we'll tell you where the talks stand and your best commute alternative for monday morning and an incentive to carpool. it guides you to a number that will change your life: your sleep number setting. it even knows you by name. now it's easier than ever to experience deep, restful sleep with the sleep number bed's dualair technology. at the touch of a button, the sleep number bed adjusts to each person's ideal comfort and support. and you'll only find it at a sleep number store. where right now our newest innovations are available with 48-month financing. sleep number. comfort individualized. we could be one day away from another bart street. good morning, everybody, welcome back to mornings on 2. >> i'm claudine wong. in 90 minutes bart managers and union representatives will head back to the negotiation table. the 16th street mission station in san francisco. he's been talking to union representatives and bart workers. alex. >> reporter: good morning, we had a conversation with the chief negotiator from the union this morning. they came out here and met everyone here at the 16th street bart station here. the reason being, they want wanted to talk about what little progress has been made in the negotiations, but i want to show you video here because moody was with local 21 spent time working alongside the maintenance workers here as they did cleanup picking up dangerous materials that are found throughout the station. she wants to point out there are clear safety irish us for workers. one issue is that bart negotiators are refusing to negotiate some of the safety proposals the unions have brought to the table. there are other major sticking points that are holding things up and creating the possibility of a strike. those will be pay medical benefits and pension benefits. i asked the chief negotiator what needs to happen in the next two days to avoid the strike. >> the other side has to come to the table with a fair proposal. they have to recognize the work these members do every day. and their colleagues and co- workers do these jobs. these workers get up and work very hard for a living. they work in unsafe conditions, and their treated disrespectfullily. >> reporter: now, the union chief negotiator said she feels there's been no progress made during bargaining sessions over the past three days. she's trying to be optimistic about avoiding a strike. she believes negotiators are stalling at this point and they are trying to force the unions to go out on strike. again, the deadline is midnight on sunday. i asked her this morning about the possibility of a strike being postponed for 30 days. she says she doesn't think that's likely, the reason being is both sides are too far apart. it could be possible on the some of the key issues here. both sides are back on the bargaining table at 10:00 monday morning. i want to send it over to my colleague. katie eunice with more if a strike happens on monday. >> good morning, alex, they head back to the table transit agencies are planning to take on the 400,000 computerrers who usually ride bart. they're offering an incentive for people who participate in casual car pooling. they are offering gift cards for coffee for people who pick up people in san francisco. those casual carpool locations on we will street and howard and fulsome. mtc is urging people to work from home as possible or avoid commute times. you can expect more officers on the road if there is a strike. the chp said officers will be out in full force to catch carpool violaters. they plan to restrict the onramp so car pools can use it to get to the bay bridge. public libraries are offering a place for stranded workers to work. the work space with free internet will be open monday and tuesday between 8:30 a.m. and 5 p.m. there are areas for people to plug their devices in. if there is a strike, the ktvu morning team will bring you the latest a half-hour early. about an hour and a half, what march in rally is going to kick off. it's the chevron refinery fire. they're hosting that event. the march starts at the richmond bart station and continues for three miles to the refinery. on chevron way the rally is planing to start at noon. the city of richmond, they're blaming the neglect and corporate indifference as the cause. the suit claims the company knew about serious matter problems and did nothing to fix them. 15,000 people had to seek medical attention after the fire. >> this is about a change in chevron's corporate culture to play safety of the community as a top priority. >> the city did not set a dollar amount and is asking the jury to determine the damages. it could be 18 months before the suit goes to trial. chevron says the suit has no validity and is an example of failed city leadership. >> new this morning, the president says more needs to be done to secure a bigger bargain for the middle class. >> what we're lacking is action for washington. in addition to proposing ideas that will grow our economy i put forward a strategy for the washington log jam. a grand bargain for the middle class. >> he's working to work for the tax breaks for corporations. he said he'll only do it if money generated is used for infrastructure training and job growth. another couple will see the benefit of the ruling. visa applications from same sex spouses will receive equal consideration. john kerry made that announcement in london yesterday. he said things would be legally valid under u.s. immigration law where same sex marriage is legal. gay rights activists will gather in front of the russian consulate today. they have protested the unpassed laws in that country. they'll put a 20-foot flag poll in front of the building and fly a rainbow flag. >> no more russian vodka. >> they're going to boycott russian's vodka. they're dumping out water from vodka bottles. >> the company says it continues to support the gay community and has no ties to the russian government. here's the winnings for the power ball jackpot. it's worth $300 million. $2 tickets are selling fast. tonight's drawing is 8:00. you have until 7 p.m. to buy your ticket. the jackpot is still below the record jackpot $590 million run by a florida widow in may. >> i'll take it. >> 8:37, we'll have to settle for great weather that weaken. we're serving it up to everyone for free. >> absolutely. no complaints about the weather. we have cloudy and cool condition. that will continue for our weekend. our pattern will change subtly as we get through today. slightly cooler tomorrow and an additional cooling for next week. again, only minor changes in store. a live look here at the overcast skies in oakland. temperatures holding in the 50s outside your doors and we have plenty of gray to go around this morning. more widespread than we were yesterday. the onshore breeze will continue for your saturday. the marine layer 2,000 feet deep. we have the marine layer being pushed inland. north bay south bees in and around eastbound, they're reporting mostly cloudy skies, we'll begin to see this break away in the next hour or two hours, we'll see partly cloudy skies mostly sunny skies away from the coast line. concord 58, 57 in oakland. upper 50s in the peninsula, 57 for belmont at this hour. 59 in palo alto. upper 50s, and foster city, you're checking in at 60 degrees. 66 saratoga of. mostly cloudy, a tad cool but not too bad. if you go to the farmer's market bring a long a jacket. we'll be feeling good when we get into the afternoon. temperatures will soar once again back to the seasonal average. slightly cooler than yesterday, some areas slightly warmer. upper 70s for pet a human a. 66 sausalito. we have to get all the way inland like clearlake to get 93 for the afternoon. a nice day to head to clearlake if you like it warm. 86 for livermore, 86 expected for present more this afternoon. it will be holding to the upper 60s low 70s 78 in san jose, 70 degrees santa cruz. if you didn't have an opportunity to see yesterday afternoon highs this is a lot like we had on friday. your extended forecast here, it only seems like we're on auto pilot here with the forecast. it's not changing for a whole lot. we'll be a tad cooler, mid-80s in the forecast, not a lot of change as we get back to work on monday. we could see additional cooling perhaps, the cool ocean bay, we'll see the low 70s in the forecast, low 60s will remain over the next several days, i'll have a look at your lunchtime numbers coming up. >> the giants they had a miserable july going. they're looking ahead at a win in tampa. madison has been good all year. he strikes out 11 rays in 7 innings. brandon brakes out of his slump. hunter is sent home with a run. they win the final 4-1. the oakland rays see the texas rangers cut to 2.5 after another loss last night. a's jumped tout to a 2-0 lead. that wouldn't last long. they take tommy malone deep to left. a 2-run homer for him. they go on to win and you can watch today's texas and a's game. the coverage begins at 12:30. >> more detailon the stomach bug, the outbreak has been now linked to. >> no problems right here over on the 101 northbound near milk key, we have a lock with a big rig. blays there's a collision that led to an overturned vehicle. keep an eye out on those programs if you're headed out to the roadway. it's 8:41. on mornings at 2. look at 'em. living on cloud nine with that u-verse wireless receiver. you see in my day, when my mom was repainting the house, you couldn't just set up a tv in the basement. i mean, come on! nope. we could only watch tv in the rooms that had a tv outlet. yeah if we wanted to watch tv someplace else, we'd have to go to my aunt sally's. have you ever sat on a plastic covered couch? [ kids cheering ] you're missing a good game over here. those kids wouldn't have lasted one day in our shoes. [ male announcer ] add a wireless receiver. call to get u-verse tv for just $19 a month with qualifying bundles. rethink possible. with qualifying bundles. thanks, olivia. thank you. so you can make a payment from your cell to almost anyone's phone or email. (speaking french) so you can express your gratitude... in the moment. chase quickpay. so you can. partly cloudy skies over the bay area this morning. you can see foggy, looking at the city, delays recorded at sfo for flights. >> the egyptian military is telling mohamed morsi supporters to go back home. supporters will not give up until morsi returns to power. if officials break up the citizens -- sit ins, protestors say they'll move to another mosque. two men are charged withholding a woman captive, they held the 15-year-old run away on a marijuana farm. prosecutors say they forced her to help process the pot and repeatedly abused her. according to the girl the men kept her in a metal tool box for punishment. she said on two occasions she was forced to stay in there for as long as three days at a time. both men could face life in prison if convicted. a safety order is issued after a deadly accident. 47 people were killed after this train crash in canada. they are trying to pass measures to help trains not to move intentionally. railroads have to comply within the next 30 days. a bay area metal repscyhoher is being find $4.1 million. they caught sums metal management caught with copper. they sent undercover officers out to the recyclers. >> 7 out of 8 bought that stolen property and didn't follow the procedures. >> this is a major problem. it's a public safety problem. it's an economic problem. >> the metals recycling investigation is still ongoing. >> the supreme court has cleared the way for the early release of 10,000 california inmates for the year. they ordered the state to cut its prison population by 8%. inmates were dying and suffering because of inadequate mental and medical health care. but, they say the releases could cause a public safety crisis. surveillance photos, they're releasing in the hopes of identifying a bank robber. the man robbed the tipper on the branch of mill valley yesterday morning. he got away on foot. he's described in his 50s, in addition to the knit cap he was wearing a hooded jacket, dark flamed framed glasses and black boots and there was no. the stomach bug has made 400 people sick across 16 states. it's been linked to olive garden and other garden restaurants. they've traced it to a farm in mexico. it supplies salad mixes to the two chains. this man was arrested after a picture of him went viral. they posted that photo on facebook and it was taken at the pub the night he allegedly skipped out on his bill. they posted it so other businesses would watch out for him. more suspensions in the biogenesis clinic case and it could involve one of the sport's biggest names. alex rodriguez could have a suspension of his contract. he has been given a choice of sitting out 2014 or facing a lifetime ban. >> he addressed investigation saying there are multiple people who would again fit from him never returning to the field. >> people are finding creative times to cancel your contract and things like that. it's concerning for me and it should be a concern for future players as well. >> he's admitted to using performance-enhancing drugs but he says it stopped back in 2003. he's one of 20 major league players to use the drugs from the pie owe genesis clinic. 5 time all star was the first to be suspended with ties to the biogenesis clinic. he's been suspended for the rest of the is a he is on. he admit he had did things wrong, but did not specify what that was. and nike has not explained its decision to drop him. hawk ins was tennessee's fourth round draft pick. what's released a few days ago from new england's camp this summer. he played the last four years with the indianapolis colts. he played one game last year due to injury. the city of sonoma has been ranked one of the friend least cities in the nation. the city got high rankings based on casual vibe, scenery and world class food. and vineyards. voices are joining up the fall lineup, and you can expect to hear when the simpson's premiers later next month. >> i'll have the look at the saturday day manner coming up. so... 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[ male announcer ] fiber one. fiber beyond recognition. try new fiber one peanut butter protein bars. sometimes it's hard to find reliable health information and where to go for treatment. well, daytime ellen degeneres is going to be hosting next year's academy awards. this will be the second hosting game for the long time comedian. they wanted someone people are familiar with and comfortable with. they're usually the most watched television event after the superbowl. the simpson's will feature the voices of some of these people. the fall lineup begins with the premier of the simpson's on september 29th right here on ktvu. >> they you have a real life star, a ten-year-old boy in kansas didn't want cake or a birthday presents. he wanted money to donate. the food bank says his donation will help feed more than 400 people. >> the fridge is empty, hardly anything in their cabinet. i just decided, why not, i got all the stuff i need. >> it's hard to believe he's just ten. he didn't go empty handed for his birthday. his family still surprised him with a few gifts. a five-year-old boy has donate the his life savings to police dogs. his dog told him about cover your k-9, good afternoon knew what he wanted to do. he donated $100 to supplying police dogs with bulletproof vests. they're 2013 ambassadors. the group has raised $500,000 in the past few years. us fisheries and wildlife say people have not stretched the truth. giant fish have been in the river. large sturgeon are spawning and some are measuring as long as 8 feet. they're found in the ocean or the san francisco bay. >> the fish gets bigger and big. >> take a picture and it can get bigger. >> do something on the water. check with rosemary. temperatures are struggling to just to stay within the seasonal average. it's quite mild to warm away from the coast, cloudy and cool once again for areas like pacific a and half moon bay. santa rosa reporting a mile. here's a look at temperatures. temperatures along the coastline. upper 50s in time for the lunch hour. upper 50s to low 60s in the afternoon. for the bay mid to upper 50s at this hour. mid-60s for your lunch hour. upper 50s to low 60s and inland we're warming to the low 60s and we have sunshine, and antioch reporting low to mid- 60s, mid-70s for your lunch hour. here is the view of the afternoon highs for today. we have the summertime spread, it's not as drastic as we see on some occasion. 64 san francisco, upper 60s oakland into the inland east bay, temperatures will be at the warmest. will 86 in hire livermore. the extended forecast, we have a gradual cool down coming in our way. mid-80s remaining in the forecast, upper 60s around the bay. holding steady on monday and temperatures come down just a few degrees as we get to tuesday and wednesday. i'll have the temperatures coming up. >> 200 underred bay area students will help -- underpriveleged bay area students can get some supplies. they can focus on the their studies. they'll have $100 to spend at old navy and get school uniforms. this warehouse is housing about 20,000 back packs for the family giving tree organization. the back packs will be given out to 100 bay area high schools, the group started in 1990 and since then has donated more than 900,back packs. >> the clock is ticking less than 48 hours that we learn of bart transit and what you need to know to prepare for your monday morning commute. >> and a warning for people who use a popular hiking trail near berkeley and how it can put your health in danger. . a man is pulled from a burning home in oakland overnight. why firefighters say it was a difficult task to bring the man to safety. >> trading in guns for gift cards. more on the event that's about to get under way in contra costa county, all ahead on ktvu mornings on 2. . well, good morning. welcome to mornings on 2. it is saturday, august 3rd. i'm claudine wong. >> and i'm eric rasmussen filling in for mike mibach. let's get a check on the weather with rosemary. >> good morning. patchy fog reported in some areas, including the north bay, along the coastline. that will be out of here as well. for the afternoon, temperatures remain seasonal to near seasonal for the bay area. we are looking at an additional cooldown in the extended forecast. i'll have the numbers for today, take a look at the extended forecast, coming up. we've got continuing coverage for you now on the bart negotiations and the possible strike on monday morning. check it out on your screen. there is the clock, ticking towards that sunday night deadline. one day, 14:58 hours left. workers could walk off the job again, if there is no deal before the clock runs out. ktvu's alex savidge is live for us in san francisco at one of the busiest bart stations, talking to union representatives this morning. alex? >> reporter: we spoke with the chief negotiator for the union. she is the one who is in the bargaining room right now, or will be later on today, trying to hammer out a deal here. she told me this morning that she hopes that a strike can be averted, but certainly didn't sound optimistic. this is josie mooney, head of local 1021, the negotiator for sciu. she said the two sides have not made any progress during talks that have gone on over the past few days. now, earlier this morning, mooney was out here at the 16th street bart station in san francisco. she came out here to do some work alongside one of the maintenance crews here, cleaning up some of the trash and the human waste, even some of the used needles that are found in bart stations. and mooney was trying to highlight the often unsafe working conditions that bart employees can face. she says bart managers are refusing to negotiate about their safety proposals and mooney also said at the same time, bart won't budge on some of the key issues, pay and benefits. that's a big problem with just two days of talks left before the strike deadline. >> so i'm going to go back over there now. i'm going to put my heart and soul, as our -- as every member of the negotiating team, we're going to negotiate in good faith. but honestly, it takes two sides to reach an agreement. what we will not do is settle for a contract that asks these workers to work in these conditions and not have a fair contract. >> reporter: now, mooney believes bart's negotiators are stalling at this point, trying to force workers to walk off the job, trying to force a strike. i put in a call this morning to a spokesperson for bart, trying to get a response, comment on talks this weekend. at this point, i have not heard back. the deadline to reach a deal for both sides to agree on a contract, sunday at midnight. otherwise, there will be another bart strike here in the bay area. both sides, again, return to the bargaining table one hour from now. they meet at the cal trans building in downtown oakland. the talks are open-ended. they could go all day long and into the night. live this morning in san francisco, alex savidge, ktvu channel 2news. >> if there is a bart strike, bart is planning to run free shuttles from six east bay bart stations to west oakland in downtown san francisco. charter buses were also used during last month's strike. those pickup points are the el cerrito, san leandro, dublin pleasanton and fremont bart stations. the entire list is on our website. the san francisco bay ferry is also heading for a possible strike. they plan to run more ferries, and boats will be available to depart earlier than usual. look at the line. they were very, very popular. an extra dock will also be open at the san francisco ferry terminal so bay area ferries can load and unload more quickly. you can also expect to see more officers on the roads if there is a strike. chp says officers will be out in full force to catch car-pool violators. car-pool lanes will be open all day, not just for the rush hour. in oakland, cal trans plans to restrict the west grand avenue onramp so buses and car pools can use it to get to the bay bridge. if there is a strike, you'll want to head to ktvu.com, because there's lots of information there. we have posted information on alternatives to bart, with the buses and the ferries, also casual car-pool information. you are also going to find your live drive time traffic information there, all on ktvu.com. and of course we're always here for you in the mornings to start off your day. the ktvu morning team will bring you the latest a half hour early on monday, so join us at 4:00 a.m. happening today, construction starts at the fremont bart station as part of a plan to extend bart service to san jose. the work will take about a year and it will impact parking at the station. bart says there won't be as many permitted parking spaces available, but there will be more street parking on civic center drive. bus service won't be affected. the new construction will extend bart to the warm springs area of fremont, then eventually all the way to san jose. new this morning, investigators are searching for the cause of an early morning house fire in oakland that left a man in critical condition. it happened just before 3:30 this morning. firefighters say a father and his son were living in the house and when they got there, the father and elderly man was still inside. firefighters had to cut through bars on the windows to get him out. they say he was unresponsive on his way to the hospital. >> there's nothing to indicate that there was any foul play, malicious intent. >> it took crews about 20 minutes to get the fire put out. they say they didn't find any smoke detectors inside the house. the home sustained extensive damage. nobody else, though, was hurt. san jose police are investigating the city's 30th homicide of the year. it happened early this morning, about 1:20 near south second street and east san salvador. police say someone shot a 19- year-old woman who was riding in a car. the driver is not a suspect. the victim was taken to the hospital, where she was pronounced dead. so far, no suspects have been identified and the motive is unknown. in san francisco, police say a security guard was hurt in a drive-by shooting outside a nightclub. it happened in front of the ruby sky nightclub on mason and gary re streets at 3:30 this morning. the security guard was shot in the leg. he is expected to survive. it is unclear if he was the intended target. no arrests have been made. today, gun owners in contra costa county can trade in firearms for gift cards. the da's office and several police departments are hosting a gun buyback from 10:00 a.m. to 3:00 p.m. participants can go to three different locations. the contra costa county fairgrounds in antioch, concord pavillion, and the richmond police department. gun owners can trade in anything from a rifle to an assault weapon. most gift cards will range from $50 to $200. happening now, protesters camped outside the downtown berkeley post office say they plan on staying, despite warnings from postal inspectors. last saturday, the group held its first rally at the location on allston way. the group wants to keep the historic building from being sold. what started with only two tents has now grown to about 10. protesters are calling their encampment the berkeley post office defense. >> we see no reason why, why they should evict us. some of us are planning to stay regardless of what happens. >> last night, protesters took a break to watch a movie. postal inspectors say the tents need to come down, but they have not given protesters a specific time to move out. prosecutors say they are -- protesters, i should say, are hoping their encampment gets the public's attention. . a live look over the oakland estuary this morning, showing mostly gray skies. we will turn partly cloudy and then mostly sunny for the second half of the day. if you look way far out, we have san francisco there in the backdrop. the low clouds will linger along the coastline. our pattern changing very little, and only minor changes in store for your weekend. we have the ridge of high pressure continuing to the east. this trough here, right off the coastline, keeping us very comfortable for this time of year, at least in most cases. a little cloudy and cool for areas along the coastline. this is going to remain here for the next few days. it eventually deepens, leading to additional cooling, but it's going to be very subtle. let's take care of today. we do have morning clouds, afternoon sunshine with onshore breeze. 60s at the coast, 70s around the bay. 80s for inland communities. temperatures will come in a lot like what we had yesterday. the low clouds have managed to move well into areas of the north bay, south bay, east bay. you can see here livermore, pleasanton reporting mostly gray skies. but i have the one-hour time lapse on here. you can see clouds beginning to thin out just a little bit. we are on our way to clearing for the second half of your morning and into the afternoon. i do want to shift in just a little bit and show you where we're seeing the cutoff line. venetia, you are partly cloudy to mostly sunny. west of you, crockett, vallejo, any clouds this morning shifting over areas closer to lafayette, on the west fringe of lafayette, perhaps partly cloudy skies. orinda, partly to mostry gray. pleasanton and livermore reporting gray skies as well. temperature wise, 50s for most of us and the onshore breeze continuing for today. fairfield reporting 20 miles per hour. so as we know, that cool pacific air being pushed through the delta and temperatures for the afternoon are going to be mild to warm. 61 for fairfield right now. 62 walnut creek. around the bay area, 50s. 54 san francisco. 58 for mountain view. getting to 60 degrees outside redwood city. half moon bay reporting 54. low 50s in santa rosa. santa rosa had patchy fog this morning. that's beginning to clear, so looking a little better in your neighborhood as well. for the afternoon highs today, hard to complain about these numbers. going to feel quite nice. upper 70s, low 80s over the north bay. closer to the water, upper 60s to low 70s. 69 for oakland today for the afternoon game, for the a's. 68 san leandro. low 70s castro valley. mid to upper 80s inland. nice and warm for outdoor pool party perhaps. 83 morgan hill. 82 los gatos. 72 for santa cruz. 79 for woodside. low to mid-60s if you're going to spend time playing in san francisco. the extended forecast, notice just a subtle cooldown as we get into sunday. monday, not a lot of change. additional cooldown tuesday into wednesday. low 80s in the forecast for inland communities by midweek wednesday. upper 60s for the bay. 60 degrees at the coast. back to you. well, people out on the trails above berkeley may be a little alarmed when they see a new sign warning them of rattle snake sightings. but they have happened. the latest sightings have been on skyline, one of the park's most popular trails. park officials say rattle snake sightings on east bay trails are actually quite common, but not so much at tildon. officials say if you see a rattle snake, leave it alone, report it to the nearest park staff member. leave it alone! that seems like good advice. i think i would have done that anyway. good advice for anyone out there. do not mess with the rattle snake. >> we had one get into our house when i was a kid growing newspaper san jose. >> and you did what? >> we left it alone! >> good advice. it's an event that brings thousands to spain every year, the running of the bulls. but could a similar event be coming to california? when you could see something similar right here in the bay area. >> reporter: new details about a rare worldwide travel alert issued by the state department and how it could affect your summer travel plans. >> but first, let's take you outside. there's the sunol grade, moving on through fremont. looks great there. there are a couple minor problems, one in san francisco and a little bit of a slowdown on 101 north in the south bay. otherwise, things seem to be moving just fine across the bay area. 9:12 on the clock. you're watching mornings on 2. it's great having at&t u-verse high speed internet. walter likes to download fix-it videos... and watch "boardwalk empire." it helps sam with math... 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[ male announcer ] at&t brings it all together. ♪ . welcome back. a beautiful shot there, giving you a look at the low clouds drifting over lafayette. 57 degrees outside your doors. we have new details about a terror threat linked to al- qaeda that has led to a worldwide travel alert. ktvu's katie yutis has more. >> reporter: we've learned the terrorist threat originated in yemen and the real concern is for people traveling in the middle east and north africa. the state department plans to shut down 21 u.s. consulates and embassies in muslim nations starting tomorrow because of possible terrorist attacks. the u.s. intercepted communications between senior al-qaeda operatives. today, the chairman of the joint chiefs of staff said the threats were more specific than previous ones and potential targets are western. san jose congressman mike honda just flew back from washington, dc for the summer recess. >> we should take it seriously. i don't think that they would have us close so embassies and consulates without some good information. >> reporter: the state department's travel alert will be in effect for the entire month of august. as you may recall, this warning follows terrorist attacks in benghazi that killed ambassador chris stephens and three of his colleagues. now, the state department has shut down embassies before, but a worldwide travel alert is wear. now back to you. funeral plans are under way for a northern california service member killed in the line of duty. 22-year-old nicolas burrilly was in afghanistan for only five months when enemy fire took his life on tuesday. burrilly grew up in the town of red bluff, north of sacramento. yesterday, governor brown ordered flags be flown at half staff over the state capitol in his honor. those who knew burrilly say he was a great person who could light up a room with his smile. >> he was very respectful. he was very kind. you could see that in his eyes. he was just a very fun person. he always had that goofy grin on his face. >> i would tell you that he was brave and he was doing it to serve his country, because he felt called to do that. that to me is one of the highest callings. >> his family plans to hold two services, one in nevada city, the other in forest hill. meantime, the washington post reports more than 6600 u.s. servicemen and women have died in iraq and afghanistan, most of them from the army. california has lost the most out of any other state, with 717 deaths. never leave a man behind a marine who dropped his own pace to help a 9-year-old boy cross the finish line has become an internet sensation. you might have heard of him. lance corporal miles kerr sacrificed his own leading spot in a 5k race in michigan to help this little boy in the picture you see here, struggling to finish the race. it took time, but they both crossed the finish line. the photo was uploaded to facebook and has received hundreds of thousands of likes ever since. kerr is now being called a role model and a hero for his actions. the united states is getting its own version of spain's famous running of the bulls. it is inspired by the annual event in pamplona where people try to run alongside the animals while trying to avoid getting trampled. u.s. events will be held on fenced off auto racing and horse tracks. the first event is set for richmond, virginia later this month. then more events are planned for next year around the country, including right here in the bay area. oakland city workers have voted to approve a new contract. the two-year agreement includes a 12% increase in take-home pay. city workers and city council members reached a contract agreement in mid-july after employees staged one-day strike on july 1st. meanwhile, labor talks continue between ac transit and its unions. last night, there was a closed- door bargaining session in oakland. several unions were represented. the bus union contract expired at the end of june. cal trans is now launching a massive program that will put nearly every steel fastener on the new bay bridge to the test to help spot weaknesses and identify how long the bolts should last. cal trans says the bolts were designed to last for 150 years or longer. the tested bolts will be subjected to extreme stress while in a bath of highly corrosive saltwater. muni service will be disrupted this weekend on market street because of sewer cleaning. the work is being done on market between 3rd and 9th streets. it started at 2:00 this morning and will continue through 4:00 tomorrow morning. muni's overhead wires will be shut down during that cleaning. the f line trains and all electric coaches will be replaced with motor coaches until all the work is done. shares of bay area facebook closed at $38.05 yesterday, 5- cents more than its initial public offering. after the stock debut fizzled, shares of facebook fell as low as $17.55. analysts say that stock rebounded after the company showed it was making money from mobile advertising in recent months. the owner of the boston red sox just reached a deal to buy the boston globe from the "new york times" company. john henry is going to reportedly pay $70 million for the paper. that is a huge drop from the record $1.1 billion the times paid for the paper 20 years ago. like many other newspapers, the boston globe has taken a hit in recent years, as more and more readers and advertisers move online. putting a stop to lighting up at one cal state university campus. the new efforts under way and why it's getting some mixed reactions from students. >> our pleasant weather pattern will continue for your weekend. i'll have a look at the numbers expected for your area, coming up. ♪ we, we chocolate cross over ♪ yeah, we chocolate cross over ♪ [ male announcer ] fiber one 80 calorie chocolate cereal. ♪ chocolate with clusters, flakes, and o's. oh, ho, ho... it's the honey sweetness i...i mean, you...love. [ female announcer ] and with all these great cheerios flavors, the love just keeps on coming. . there's an effort to reach an out-of-court deal in the usc pepper spraying deal, involving police officer john pike's workers' comp claims. state officials say a hearing set for later this month has been canceled and the case will not go before a judge unless pike and the university fail to reach an agreement. you see the video there. pike gained national attention when online videos of him pepper spraying students during a 2011 occupy protest went viral. well, students who attend cal state fullerton are no longer going to be able to light up. that's because the school is now the first campus in the cal state university system to be smoke-free. it's banned cigarettes, cigars, pipes and even electronic cigarettes and removed all ashtrays. there are signs up advising students and visitors of the changes. >> i don't smoke, but i wouldn't feel comfortable telling someone not to smoke either. it's their right. >> knowing it's smoke-free makes it a better environment for me. >> the ban also applies to the sale and distribution of any tobacco product on campus. plenty of fresh air to be had today, but in some places, doesn't feel like august at this point. >> feels like maybe it needs to warm up a little faster? >> i can't help you out with that, claudine! we're going to see a cooldown, in fact. >> i put in the order now, though! >> i know. i do what i can, but we have a cooldown in store in the extended forecast. outside right now, partly to mostly cloudy skies. we'll turn mostly sunny. i can do that for you! we've got temperatures hovering in the upper 50s to low 60s for inland communities. we've got temperatures around the bay in the mid to upper 50s and along the coastline, low to mid-50s. by 10:00, we're feeling pretty good. temperatures not too bad. mid-60s for areas like livermore. upper 60s for antioch. 60 degrees for oakland. turning partly cloudy to mostly sunny for the second half of the afternoon, maybe from the coastline. at the coast, i think we'll be cloudy once again, and cool. here is a look at the lunchtime area. we've got 57 degrees for pacifica. 66 in oakland. mid to upper 70s for the england communities. and warmer spots nearing 80 degrees by lunch hour. 87 for antioch today. 86 for fairfield. mid-80s concord. low 80s for the north bay. 64 san francisco. 70s for the peninsula. 78 degrees into the south bay, san jose. your extended forecast, there's that cooldown. not a drastic change, but additional cooling expected. tomorrow will be a cooler day. monday, not a lot of change. then a minor cooldown tuesday and wednesday. back to you. a bay area baseball team gave a thrilling performance and edged one game closer to the little league world series. [ cheers & applause ] >> the crowd gathered at karlmont high school in belmont to watch the nationally televised game last night. high-fives for everybody! the redwood shores all-stars are playing in the little league western regional tournament. belmont redwood shores won last night's game 8-0. their next game is scheduled for tomorrow against the team from hawaii. well, a big jackpot is up for grabs. we'll tell you just how much money tonight's powerball drawing is worth. >> and late payments for thousands of californians who depend on unemployment checks. the computer glitch that caused the delay and when you can expect those checks in the mail. . the clock is running out on bart negotiations before another possible strike. the last ditch effort to avoid it and what you need to know before monday morning. good morning. welcome to mornings on 2. it is saturday, august 3rd. i'm claudine wong. >> and i'm eric rasmussen. we continue coverage this morning. in about 30 minutes, bart and its unions are expected to resume talks as the bay area braces for another possible strike. workers could walk off the job again if the two sides don't reach an agreement before tomorrow at midnight. unions gave their 72-hour strike notice thursday evening. san francisco mayor ed lee says both sides should put commuters first. >> bart management and bart labor negotiators have to negotiate to an agreement. not to a standstill. >> governor jerry brown has the power to step in and delay a possible strike for at least 60 days, but so far, the governor has not set if he'll do it. now, if the event of a bart strike, the san leandro public library is offering space for stranded commute stories work. the library is located at 300 es tid io avenue. the work space with free internet will be open monday and tuesday between 8:30 a.m. and 5:00 p.m. there are also areas for people to plug in their electronic devices. ktvu's alex savidge has been talking to bart workers and union representatives this morning. coming up at 9:50, he'll join us live from oakland, where bart negotiations are set to continue. and if there is a strike, the ktvu morning team will bring you the very latest a half hour early on monday. join us at 4:00 a.m. police are investigating a shooting that left one man dead in west oakland. it happened about 6:00 last night near the 10th street and mandela parkway intersection. police say when they arrived they found a body on the sidewalk. witnesses tell ktvu the victim was male. witnesses say a trail of bullet casings make it seem as though the gunman chased the victim down the street. the city of oakland is planning its 30th annual national night out. the event raises crime prevention awareness. next week, thousands of residents are expected to participate. as of yesterday, there were 654 registered parties. residents are being encouraged to organize a barbecue, ice cream social, really any type of celebration that will bring the community together. national night out is the first tuesday of august every year. we have new details about the carport fire in heyward that destroyed six cars at an apartment complex. police arrested 39-year-old  vade bradley on arson charges yesterday this afternoon. there he is on the screen, talking to firefighters yesterday. fire officials say the fire started after he lit a cigarette while he was siphoning gas from his neighbor's car. when ktvu talked to bradley on the scene yesterday morning, he did deny starting the fire. damage from the blaze is estimated at $200,000. it appears plumbing work may be to damage for a fire that damaged condos and injured a firefighter. it happened yesterday morning on a condominium building on vallejo drive. according to the san mateo journal, the fire started in an empty unit that was being remodeled. plumbers called 911 after seeing the flames. no one was hurt except for the injured firefighter, who has since been released from the hospital. new information about a plane crash in tahoe last week that killed a man from palo alto. the ntsb now says the investigation could take up to 18 months to complete. the small plane crashed on july 22nd in south lake tahoe, killing stephen leften and seriously injuring his wife. investigators say weather was clear when he went to take off from the south lake tahoe airport. moments later, the plane crashed in a heavily wooded area. an off-duty nurse was walking in that area at the time and provided medical aid to his wife. investigators have released two surveillance photos in hopes they will help identify a bank robber. mat written county sheriff's office says the man wearing the knit cap you see there robbed the tiburon boulevard citi bank branch in mill valley yesterday morning. witnesses say he got away on foot. he's described as less than 6 feet tall, possibly in his fifties. in addition to the knit cap, he was wearing a long hoodie jacket, dark frame glasses, black boots and black gloves. this morning, the president says more needs to be done to secure a better bargain for the middle class and to lay a stronger foundation for economic growth. >> what we're lacking is action from washington. that's why in addition to proposing ideas we know will grow our economy, i also put forward a strategy for breaking through the washington logjam. a grand bargain for the middle class. >> mr. obama says he's willing to work with republicans to reform the tax code for businesses. that would mean lowering rates and ending many loopholes and deductions. president obama says he'll only do it if money generated is used for infrastructure, training and job growth. thousands of unemployment payments in california have been delayed because of a computer glitch. this problem started last weekend when the state employment development department upgraded its computer software. about 6000 people still have not received their payment, and the agency says it is right now working to fix that problem. they are hoping to get those payments mailed in the next couple of days. same-sex couples will now see another benefit of the supreme court's ruling against the federal defense of marriage act last month. visa applications from same-sex spouses will now receive equal consideration. secretary of state john kerry made the announcement in london yesterday. kerry also said same-sex marriages would be legally valid under u.s. immigration law, as long as they were performed in places where same- sex marriage is legal. gay rights activists will gather in front of the russian consulate in san francisco today. they will protest a series of recently passed laws which ban gay pride events in that country. as part of today's action, protesters will install a 20- foot flag pole in front of the building and fly a rainbow flag. [ applause ] in west hollywood, bar owners are vowing to boycott russian vodka, in response to russia's antigay laws. as a symbolic gesture, they came taking to pour out water from russian bottles. the maker says it continues to be supportive of the gay community and says it has no ties to the russian government. in about 20 minutes, a march and rally will kickoff in richmond, marking the first anniversary of the chevron refinery fire. a group called the summer of richmond coalition is hosting that event. the march starts at the richmond bart station on nevin avenue and will continue for three miles to the refinery on chevron way. a rally is set to start at noon. meanwhile, the city of richmond has filed a lawsuit against chevron for the massive fire. the city says chevron's neglect and corporate indifference is to blame and claims that for 40 years, the company knew about serious problems and did nothing to fix them. in addition to the property damaged, about 15,000 people did have to seek medical attention after that fire. >> this is about a change in chevron's corporate culture to place safety of the community as a top priority. >> the city did not set a dollar amount and is asking for a jury to determine damages. some lawyers say it could be 18 months before that suit goes to trial. chevron says the suit has no validly and is an example of what it calls failed city leadership. federal health officials have made a new discovery about that stomach bug that made more than 400 people sick across 16 states. it has now all been linked to salad mix that was served at some olive garden and red lobster restaurants. authorities say they have traced the outbreak of illnesses in iowa and nebraska to a farm in mexico. the farm supplies prepackaged salad mix to the two chains. lottery fever is heating up in the bay area, after the powerball jackpot took a big jump to $300 million. lottery officials say the $2 tickets are certainly selling fast. tonight's drawing is at 8:00. you have until 7:00 p.m. to buy your tickets. tonight's jackpot is still well below the record jackpot of $590 million. you might remember that was won by a florida widow in may. a bird's eye view over lafayette, with low clouds floating over parts of the city and into the east bay. the onshore breeze is a little stronger this morning, through fairfield. we've got winds to about 20 miles per hour. up a little bit from yesterday. the marine layer, about 2000 feet. and the low clouds within that marine layer being pushed all the way inland. it's a little bit more widespread than what we saw yesterday. because of it, we are looking at a slower clearing. because of that, temperatures are a tad cooler in some areas. santa rosa, napa, temperatures two to degrees cooler than 24 hours ago. again, that cool pacific air working its way through the delta. i'll have the one-hour time lapse on here because i like for you to see for yourself. if you zero in a bit on the cloud deck, it is beginning to thin out. partly cloudy skies on the way for the second half of your morning, and into the early part of the afternoon. mostly sunny for the second half of the day, away from the coastline. along the coast, we'll remain mostly cloudy with cool conditions once again for your afternoon. half moon bay right now, 55 degrees. 58 at sfo. some flights arriving to sfo, still with delays because of the low clouds and the fog. 56 in san francisco. 58 oakland. low 60s fairfield, livermore. low to mid-60s near walnut creek. a nice day shaping up around the bay area. if you're going to see the a's play this afternoon, it's going to be a perfect day for a ball game. upper 60s, mostly sunny skies and a light onshore breeze. for the rest of the day, 78 degrees in petaluma for the music fest going on there today. 77 san rafael. 66 in sausalito, if you plan on hanging out by the water. into the east bay, upper 60s. san leandro, heyward, 70 degrees. maybe you're headed downtown to oakland for the festival going on there, going to be 69 for the second half of the day. mid to upper 80s for the inland communities. nice and warm, head inland. 883 for morgan hill. 78 san jose. upper 70s for cupertino. for the peninsula this afternoon, 77 palo alto. san mateo, about 70 degrees. 64 expected in san francisco. low 60s, mostly cloudy skies for the shoreline. the extended forecast here, temperatures will take a subtle drop as we get into the second half of your weekend. then notice as we get into early next week, no warmup in sight. in fact, temperatures will continue their downward trend. it will be a minor cooldown, but temperatures will get their coolest, anywhere from low to mid-80s in the forecast tuesday into wednesday for the inland cities, upper 60s around the bay. 60 degrees along the coast. back to the desk. talking a little baseball now. there's no getting around it. giants had a miserable july, going just 8-17. but august is a new month and the giants are looking ahead, starting with a win in tampa. giants pitcher madison bumgarner allowed just one run, struck out 11 rays in seven innings. it was 1-1 until the top of the 7th. that's when brandon belk broke out of his extended slump, a double shy of the cycle. on this triple, hunter pence came home. the giants win with a final of 4-1. meanwhile, the oakland a's have seen their six-game lead over the texas rangers cut to just two and a half after a loss at home last night. bottom of the 1st, moss doubles to left. lowry and cespedes score, jumping out to the lead. that wouldn't last long. top of the 4th, profar takes malone deep to left for the two- run dinger. rangers would go on to win with a final of 8-3. you can watch today's texas and a's game right here on ktvu. coverage begins at 12:30. >> looking forward to that. 9:41. solving the state's prison overcrowding crisis, the newest ruling by a supreme court judge that could have thousands of inmates back on the streets by next year. >> and helping kids prepare to go back to school. what one local organization is doing today for underprivileged children. >> but first, let's take you outside. still hasn't broken through in terms of sunshine over by the golden gate bridge. rosemary warned us the coast would be gray a little longer, but traffic is moving just fine. we did have an earlier problem on the 101 from the paul off ramp. latest from chp, all lanes open now. things beginning to clear up there. 9:41 on your clocks. this is mornings on 2. look at 'em. living on cloud nine with that u-verse wireless receiver. you see in my day, when my mom was repainting the house, you couldn't just set up a tv in the basement. i mean, come on! nope. we could only watch tv in the rooms that had a tv outlet. yeah if we wanted to watch tv someplace else, we'd have to go to my aunt sally's. have you ever sat on a plastic covered couch? [ kids cheering ] you're missing a good game over here. those kids wouldn't have lasted one day in our shoes. [ male announcer ] add a wireless receiver. call to get u-verse tv for just $19 a month with qualifying bundles. rethink possible. . here comes the sun! giving you a sweeping view there over san jose, where the clouds are clearing and temperatures holding right about 57 degrees. convicted kidnapper and rapist ariel castro is now in a correctional institute in grafton, ohio. he is being evaluated while the state decides which prison to send him to. castro was sentenced on thursday to life in prison, plus an additional 1000 years without the possibility of parole. castro pleaded guilty to kidnapping michelle knight, ahman did berry and gina dejesus and holding them captive for more than 10 years. statements from berry and dejesus were read in court. knight showed up in person to face her captor. one day after the hearing, michelle knight went back to the neighborhood in cleveland, where she had been held hostage. she went there to thank the neighbors who helped her and the other two women escape back on may 6. >> she inspired me a lot. her attitude, her demeanor, all of that. she is a very strong person. >> castro's house is scheduled to be torn down. knight told neighbors she hopes it is replaced with a garden, with a large angel statue looking over it. florida lawmakers will hold hearings this fall on the state's stand your ground law. the announcement follows weeks of protests over the george zimmerman acquittal in the shooting death of teen trayvon martin. for the past three weeks, the group of student protesters have been staging a sit-in outside the governor's office in florida, demanding the law be changed. closer to home, two men pleaded not guilty to charges of holding a teenage girl captive and sexually abusing her in lake county. 30-year-old ryan boletto and 34- year-old patrick puremain allegedly held the 15-year-old runaway on a marijuana farm. prosecutors say they forced her to help process the pot and repeatedly abused her. according to the girl, the men kept her in a metal toolbox for punishment. she says on two occasions, she was forced to stay in that box for as long as three days at a time. both men could face life in prison if convicted. a bill that requires the tsa to make it easier for wounded or disabled members of the military and veterans to get through airport security, well, that's all headed to the president now. congress has approved the helping heroes fly act and the proposal comes after many service members told stories about having to remove clothes or prosthetics in front of other passengers. they also say it was a struggle to get through screening machines. a south bay smart & final store is teaming up with united service organizations to hold a donation drive for the military. that event is going to be held at the store on prospect road in san jose. shoppers can pick up extra items for the troops between 9:00 a.m. and 3:00 p.m. volunteers for the nonprofit organization will also be there to collect those donations. the united service organizations, inc., has been supporting the troops since 1941. a bay area metal recycler is being fined $4.1 million after an undercover operation. authorities caught simms metal management buying stolen copper and other scrap metal. prosecutors from contra costa and san francisco teamed up for the investigation. since metal thefts have continued to sky rocket, they sent undercover officers out to those recyclers. >> seven out of eight recycling companies bought the stolen property and didn't follow the correct procedures, with getting a license from the individuals, waiting three days to pay the money. >> this is a major problem. it's a public safety problem for us, an economic problem. >> the metals recycling investigation is still ongoing. the u.s. supreme court has cleared the way for the early release of nearly 10,000 california inmates by the end of the year. now, a lower court had previously ordered that the state needed to cut its prison population by nearly 8% to ease overcrowding problems. the panel found inmates were needlessly dying and suffering because of inadequate medical and mental healthcare caused by overcrowding. governor jerry brown and other state officials warn the releases could cause a public safety crisis. a class action discrimination lawsuit against wal-mart that started here in the bay area has been thrown out again. that case started 12 years ago after a pittsburg woman claimed wal-mart was denying her and other women pay raises and promotions. the case was thrown out in 2011, but workers revised the scaled-down version of the lawsuit. but yesterday, the judge said the lawsuit is still too wide ranging to classify as a class action lawsuit. a new event will be added to this year's lineup. a high tech event kicks off at 3:00 this afternoon at the event bright offices in san francisco. about 200 developers and designers will pair up in teams and compete to create an app for the music festival. the three-day concert begins on friday, august 9th. the winner of the app challenge will be announced on august 7th. today, about 200 underprivileged bay area students will get to go back-to- school shopping. for more than 10 years, the  salvation army has organized the back-to-school child spree. the group's goal is to help provide uniforms to children from low income families. they say the kids can then focus on their studies instead of their torn clothes. each student will receive $100 to spend at old navy. volunteers have teamed up for an annual effort to supply underprivileged bay area kids with school supplies. this warehouse you see there in menlo park is housing about 20,000 backpacks for the family giving tree organization. the group started back in 1990 and since then, has donated more than 900,000 backpacks. 12-year-old brian levin is just one of the volunteers stocking supplies. >> some kids just aren't as fortunate and we need to help them so that they can go to school and have the same experience. >> these are families where they are choosing between paying rent and buying food. buying school supplies is not even on their list. >> the backpacks will be given out to 150 bay area high schools. family giving tree says they are still accepting donations. here's a great story for you. a 5-year-old boy from the bay area has donated his life savings to a program that helps police dogs. gavin buchanon of venetia was saving up to buy a skateboard, but when his dad told him about the cover your canine program, gavin knew just what he wanted to do with his money. he donated the $100 he had worked hard saving towards the group that provides the police dogs with bullet-proof vests. he is the program's youngest donor and is now their 2013 ambassador. the nonprofit group has raised $500,000 in the past five years. good job, gavin! >> impressive. one day to go. more on the last ditch efforts to avoid a bart strike and why some are already planning for a hectic commute come monday. >> pleasant weather will remain in the forecast for your bay area weekend. i'll have a look at your weather time line for you, coming up. [ male announcer ] with at&t, you're sure to get a better bundle. just choose the 2, 3, even 4 services you want to build the bundle that works for you. [ female announcer ] call at&t now! choose a u-verse triple play bundle for just $79 a month, our new low price. get the same great price for 2 years. plus, switch today and get a total home dvr included for life. [ male announcer ] with u-verse high speed internet connect all your wi-fi-enabled devices to your wireless gateway and save on smartphone and tablet data usage at home. with u-verse tv, you can record up to four shows at once with a total home dvr and play them back in any room. [ female announcer ] so call at&t now. choose a u-verse triple play bundle for just $79 a month. that's our new low price. you'll get the same great price for 2 years. plus, switch today and get a total home dvr included for life. why wait? [ male announcer ] choose at&t and build your bundle. it's whatever works for you. ♪ . it is 9:53. let's recap our top stories this morning. investigators are searching for the cause of an early morning house fire in oakland that left a man in critical condition. it happened early this morning. no one else was hurt. gun owners in contra costa county will handed in their old guns for gift cards today. it is happening at three locations from 10:00 a.m. to 3:00 p.m. in just a few minutes, bart and its unions are expected to resume talks as the bay area braces for a possible strike on monday. ktvu's alex savidge is live in oakland, where both sides are headed back to the bargaining table. alex? >> reporter: they are. in fact, we're watching folks walk right inside the cal trans building here in downtown oakland. talks are set to pick up at 10:00 a.m. this morning. tom hock just walked into the building, said he's hopeful a deal can get done today. two days left before the strike deadline arrives, and obviously workers will be walking off the job after midnight on sunday if they don't work out a deal. we also talked this morning with the chief negotiator for the unions. she said this morning she hopes the strike can be avoided, but she certainly didn't sound optimistic. josie mooney, we caught up with her this morning, with thstreet station in san francisco, doing work alongside the maintenance crews there, cleaning up trash, human waste. she even showed us a used needle that was picked up there. and she was trying to highlight the often unsafe working conditions that bart employees face. she says bart managers are refusing to negotiate some of the safety proposals on the table. mooney also says that bart isn't budging on issues of pay and benefits. she says there's a lot of work to do, with just two days left of talks before the strike deadline. >> what we will not do is settle for a contract that asks these workers to work in these conditions and not have a fair contract. thank you very much. >> do you think there will be a bart strike on monday? >> no comment. i hope not. we're going to do everything we can to avert it. >> reporter: now, mooney said the two sides have not made any progress during talks over the past few days. i put in a call this morning to a spokesperson for dart, trying to see what their take it on the weekend talks, how optimistic they are feeling. still have not heard back this morning. the deadline obviously to reach a deal, sunday, tomorrow night, at midnight. i also asked the union negotiator, union's head negotiator about the possibility of postponing the strike. there's been talk of postponing it for another 30 days to work out a deal. she told me that it doesn't seem likely, simply because the two sides are so far apart at this point. live this morning in downtown oakland, alex savidge, ktvu channel 2news. right now, a man and three mules are making their way around the bay area. john sears has been walking across the country with his mules for 29 years. he says he wants people to realize that land is being taken over by development and that we should connect with the natural world. might have more chances to do that if there's no bart trains on monday. sears, originally from the mill valley area is headed to the golden gate bridge. he submitted a written request for the mules to be allowed to walk across the bridge. social media is helping a nevada bar holding a man accountable for bailing on a $100 tab. the man was arrested on thursday night on probation violation, after a picture of him went viral. the brewer's cabinet in reno posted this photo of him on facebook. it was taken at the pub the night he allegedly skipped out on his bill. the pub says it posted the picture to warn other businesses to watch out for him. 9:56. let's head over to rosemary for a check of your weather. rosemary? >> yes, we are looking at mild weather around the bay for today. inland, warm, but not too hot. getting into the next hour, mid- 50s along the coastline. nearing 60 degrees for the bay, mid-60s inland. clouds are beginning to clear. we'll have mostly sunny skies away from the coast today. at the lunch hour, mid to upper 50s along the coast, mid-60s for the bay, mid-70s inland for the none time. pretty good outdoors, maybe have lunch outdoors, and the afternoon highs look like this. 87 for antioch. 86 in fairfield. around the bay, mid to upper 60s san francisco, oakland. low 70s for areas into fremont. low 80s into the north bay if you're spending time there today. the extended forecast here, temperatures will be slightly cooler tomorrow, not a lot of change going on monday. then tuesday, into wednesday, additional cooling as the trough that remains off the coast nudges our way just a little bit more. >> know what to expect. thanks, rosemary. >> you're welcome. that is our report for this morning. we appreciate you making ktvu your choice for news. >> our next newscast is at 7:00. we're keeping a close eye on bart negotiations. we'll bring you the latest updates here and of course always on ktvu.com. have a great morning, everyone. hello, everybody. i'm beth troutman. it's time for the best videos of the day "right this minute." a robber strolls into a restaurant where workers start -- >> fighting back hard. >> meet the guys who turned the wing zone into the danger zone. >> you guys realize you are pretty badass. >> oh, yeah, you know it. just call her the bronx slugger. >> she is pretty thorough. >> what's behind the mission to leave no window unbroken. >> wow.

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Transcripts For MSNBCW MSNBC Live With David Gura 20180505 19:00:00

credit for $500,000. he basically doubles the amount he can borrow against his apartment. he later uses that money, he says, to pay stormy daniels in october 2016. and rudy giuliani has told us there are several other issues that he settled for trump and that he was reimbursed for. it is possible, though we don't know how he spent the remaining amount in his increased credit line that he may have used that for some of these other issues and that's one of the things that's under investigation. >> that's such a key line saying mr. cohen resolved other problems similarly for mr. trump. how significant is that? we have rudy giuliani giving a variety of figures about how much money was used here, when it was used. walk us three vis-a-vis the size of those payments. >> rudy giuliani said he was getting north of $400,000 for a year of retainer payments and that was to reimburse him for things he took care of. it leaves open the possibility of up to another couple hundred thousand dollars that he might have been reimbursed and some of that could have been for fees and his own expenses. but i don't think rudy would have said that if there were no other issues that he settled for the president. and, you know, i think that's something that will come out during the investigation. i could also like to address the timeline issue you were just talking about as far as what the president knew and when did he know it. we reported this payment to stormy daniels the second week in january. before we reported that story, i went to the white house and i went to michael cohen. the white house told me can you give us a little more time before you post the story because the president is at events and we want to brief the president. and michael cohen said i need to talk to my client, who is the president. both of them subsequently gave us comments. this issue of the president didn't know about the stormy daniels payment before he spoke in april on air force i is kind of nonsensical since i know the president was briefed on january at least and what did he know at the time when the payment was made in 2016 and what did he find out between that time and when we first reported it in january of 2018. >> that's astonishing. i was going to ask you how we're looking at your article in convert with this piece talking about when the president might have known about this. taking what i just said there, that it something you're probably looking into, what what kind of specificity do we know when that may have happened? >> i was told the president was briefed in january. it was also all over media reports for several months before he spoke on air force i. what did he mean when he said i don't know about it? did he mean i don't know about it at the time when it happened, it kind of unclear. but we did previously report that michael cohen was late in making the payment to stormy daniels before the election and he had said at the time as an execution i'm trying to reach the president, i can't reach the president right now because he's on the campaign trail. so basically it's -- his intention was at the time to inform the president and also has his fixer, it's very important to michael cohen for the president to know what did he do for him, right? and he also wanted to get reimbursed. so the notion that he didn't tell president trump when he entered into the agreement, even though we know he was trying to do that and then he didn't do it afterwards when he was trying to get reimbursed, we don't have proof of when he told him but we do know that he was certainly intending to tell him and speak to the president. >> michael, thank you very much. thanks to your and your colleagues as well. i want to welcome in our guests. react what we just heard there from michael rothfeld. there is so much confusion surrounding this still. we're making inroads but there is still a lot of confusion. >> that was actually a really good point that michael rothfeld made about the point that "the washington post" reached out in january to the white house for comment saying this is what we know about the payment to stormy daniels. therefore the president was briefed on this, as the white house said he would have been. and trump of course aboard air force i said he did not know about the payment. does he mean he didn't know about it at the time or didn't know about it at all? of course rudy giuliani on fox news said the president had just learned the night before he did the fox news interview what the payment is for. unless the without is lying, it seems clear that trump did know as early as january what this payment was for. >> it's almost like a william faulkner novel where you have every character telling the story from a different perspective. we heard from michael cohen, from rudy giuliani, we heard from president trump at the end of the week. how clear is our sense of what happened and who knew what when? >> i think journalists know that the president knew things before he's saying he knew them. and someone here is lying, likely the president of the united states. the problem is there isn't a clear timeline established. the thing that was most interesting to me was that rudy giuliani's clarification was not a clarification at all. when i read it i thought i'm almost more confused now than when he was on "fox & friends" and all these other programs talking about this. one of the things that stuck out to me about that clarification is the first line says there is no campaign violation. and that to me gets to the heart of why things are so vague now. someone in president trump's orbit is worried about whether or not there were rules broken. rudy giuliani is saying there's no campaign violation. that could be true in the future but stormy daniels lawyer is saying in their lawsuit, in black and white that part of the reason why this is a problem was because that president trump and the people around him could have been influencing the 2016 lebs with that payment. we don't know that this is true. >> we move to really strict language at the end of the week. dare i say a different voice from the president that we usually see from the president during those tweets. we waited and waited for the statement to come, it finally did, it was three point and very conscientiously written, i think you could say. what's your sense of how well the white house has its arms around the story at this point? >> well, those tweets were certainly very lawyerly. my colleagues and i at "the daily beast" had reported that the white house, and i think a lot of that has born out. the problem with that is what we know m this investigation what the president's lawyers are trying to do is convince. we know that james comey made a number of claims in his memos based on his conversations with the president and we know based on reporting that the special counsel's office is trying to having trump's ear and paul manafort's ear and having the confidence of both men. >> rudy giuliani now brought in. clearly he was that sounding board for the president for so long. he's leading his legal team but it sound like there's so much disarray around this. >> i talked to a white house official after he was kind of slapped down saying he needs to get his facts right. what's really happening is that the president is still very much in favor of him being here. he hired him not because of his legal mind and all of things he could do in the courtroom but because he wants a moth pieceut to go on fox news and talk about this and be aggressive. rudy giuliani is someone the president wants around him. >> so you'll see more of what we saw last week. >> thank you all very much for your time. robert mueller under fire for that criminal case against paul manafort. why a judge claims the russia probe may have gone too far. 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[ chuckles ] download the xfinity my account app and set a password you can easily remember. one more way comcast is working to fit into your life, not the other way around. a federal judge calling out robert mueller's team. during a court appearance, the former trump campaign manager asked to have the bank fraud charge against him dismissed. judge ellis said you don't really care about mr. manafort's bank fraud you really care about what information mr. manafort can give you about his impeachment or lead to his prosecution or whatever." >> i've been saying that for a long time. none of that information has to do with information related to the russian government coordination and the campaign of donald trump. it doesn't have anything to do. it's from years before. >> an extraordinary moment as president trump quoted chapter and verse from a wall street journal piece. paul manafort's trial is scheduled to begin in july. joining us, my guests, danny, what should we make of what we heard in that transcript from the judge? >> manafort's been indicted, he filed a motion saying that the special counsel in indicting him exceeded his authority and you the appointment order. this was not related to russia. this did not even arise from the investigation. all the stuff that manafort's indicted for the government already knew about years ago and it can't possibly have to do with russia because it was so many years ago. it's a clever argument. however, the judge's questions related to the government's ultimate goal. hey, this isn't really about bank fraud, this is about you want to try and turn him. that's not really what the motion is about but when you're a federal judge, you're appointed to life, so if you want to veer off to the side during oral argument, no problem, can you do that. i don't know that that colloquy will find its way into the ultimate opinion or order. that kind of questioning if i'm a defense attorney in that courtroom, i'm thinking this motion, does it actually have a chance because most of these motions to dismiss are the longest of long shots. >> i want you to weigh in on the cleverness or outlandishness of the request that we've seen paul manafort make here. what did you make of what that judge, that reagan appointee had to say. he's been on the bench for a long time. what did you make of the line of his questions yesterday? >> i thought it was fair. i agreed with the judge's comments. were they appropriate or necessary? perhaps not. i think his inquiry on the indictment and the russian investigation was fair, especially if the issue before him of the question of scope. when rod rosenstein appointed robert mueller, he was given broad authority to investigate and coordinate any leaks or any matter that arose or may arise from his investigation into the russian interference and collusion. if robert mueller while investigating interference and collusion uncovers information about criminal activity that involves manafort, he's not going to turn a blind eye. that would be foolish and illogical. there are no legal or ethical limits that should limit robert mueller in pursuing any crimes discovered during the investigation. i think he's going todictment b can't have an indictment without probable cause. that hasn't changed. probable cause exists. that mean there may have been crimes that have been committed. that doesn't change because they feel this indictment has nothing to do with the original inquiry. >> in addition, the government's argument here is if something does arise, the main justice can essentially authorize this additional investigation. but manafort's argument here is it looks exactly at the language that yodit just cited, the matters that may arise from the investigation. it's logically impossible, says the defense, for a matter to, quote, arise from the russia investigation if these incidents happened so long ago and therefore could not logically have any relationship to something flowing from or arising from the russia investigation. again, it's a huge long shot. but if you're the defense and you hear the judge veer off into that discussion, you're thinking maybe there's a chance. >> yodit, the "new york times" quoted a legal scholar, "lawyers are required to keep their clients fully informed of their activities and are generally prohibited from advancing money to or on behalf of their clients. that runs counter to what we've heard from rudy giuliani to the role that the fixer is playing here. rudy giuliani is saying this is a lawyer's duty to do this on behalf of his client. help me understand the ethical obligations of a lawyer when it comes to making payments along the line of those we've been reporting for. >> there's so many inconsistencies. there's been lying, there's been deception, there's been misrepresentation, all of which are actionable by any state bar. you have cohen staying i negotiated the terms of this nda and paid $130,000 to stormy daniels without trump's knowledge or consent. he already violated client consultation and client goodl e guidelines within the rules of professional conduct. then we find out he lied and that violates ethical rules because he lied. any way you want to see this there have been violations of ethical rules, especially when you talk about paying an attorney a retainer. that already triggers rules of professional conduct. i think he's definitely going to be sanctioned in some way, if not disbarred, especially if he's indicted and convicted of a felony. that's surely going to lead to his disbarment. >> need to have a longer conversation about this particular issue. >> this week rudy giuliani also clarifying statements he made about former fbi director james comey after claiming president trump fired mr. comey because he wouldn't tell the president he wasn't a target in the russia investigation. on friday rudy giuliani wrote, quote, if is undisputed that the president's dismissal of former director comey was clearly within the president's power. joining me is the chief operating saw for e.t.s. risk management and a national security analyst. the president saying what he said a number of times before here, frank that is correct in his estimation he has done the american people a favor by dismissing mr. comey. >> david, this is one of a handful of comments we've thaerd th -- heard this week that have not on not helped the president but harmed the president. so stating that he fired comey because he wouldn't say that the president wasn't a target leans towards an obstruction charge. if you're firing the head of the fbi because he won't tell the public he's not a target, sound like you're getting rid of somebody because they won't say things are okay. and whether it's saying that cohen is being repaid through installmen installments, whether it's saying that the president generally understood that, quote, cohen takes care with such things with regard to paying off women actually harms the president and exposes him to even further federal charges. >> we heard rudy giuliani refer to the new york fbi as storm troopers and that prompted a vociferous response from james comey. let's listen to what he had to say. >> that's unacceptable when the nation's leaders representatives attack the institutions of justice, the rest of us not only have to pay attention, but we have to speak out. we need those institutions. the notion that the fbi is made up of nazi storm troopers is wrong and dangerous. i think all of us have to say that's not normal and we have to speak back to it. >> as he just said, these attacks are not acceptable and as he just said there, normal. what do you make of what rudy giuliani had to say this week? >> first of all, it's a shameful comment. rudy should know better. rudy is really looking at roadiroa eroding his own legacy. he's going to go for someone who stood for something to someone who would fall for anything. he's fallen into this white house trap, bullying, calling names, attacks on the laws and justice. he's becoming trump's lackey and he's not doing a good job of it. referring to fbi agents who he's worked with throughout his career as nazi storm troopers are or referencing nazi storm troopers, shameful, eroding his legacy and i predict rudy will not be around long in terms of representing president. >> and james comey starting his career in the southern district office with rudy giuliani. >> thank you for your perspective as always. >> paradise under fire. in hawaii, earthquakes and volcanic eruptions are forcing evacuatio evacuations. stay with us. - i love my grandma. - anncr: as you grow older, your brain naturally begins to change which may cause trouble with recall. - learning from him is great... when i can keep up! - anncr: thankfully, prevagen helps your brain and improves memory. - dad's got all the answers. - anncr: prevagen is now the number-one-selling brain health supplement in drug stores nationwide. - she outsmarts me 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sulfuric dioxide gas, very toxic. if you're very young or old who are have respiratory issues, that can be a deadly substance. the national guard is here in force. they've been doing the job of keeping people out of that evac zones. tough for folks that have evacuated and come to where we are, about 20 minutes outside of the evac zone. we've heard stories of people who have had to leave their homes behind with the lava flows. a very at the situation. >> i've been to helo, that old sugar town on the island. what are figures saying what might happen next? how well can they forecast what happens next? >> reporter: not well at all, david. it's almost impossible to tell the length and duration of volcanic ak tctivity like this. it's nearly impossible to predict it. this could last anywhere from the the next few hours to days to weeks and maybe even months. nobody here wants to hear that, david. >> steve patterson from the big island of hawaii, thank you very much. >> they set the date but they're not sharing. president trump confirms an historic meeting with kim jong un is coming together. will they be able to secure the release of three american hostages ahead of that sitdown? what about your reputation, is that small? when you own your own thing, it's huge. your partnerships, even bigger. with dell small business technology advisors you'll get the one-on-one partnership you need to grow your business. because the only one who decides how big your business can be, is you. the dell vostro 15 laptop, with 7th gen intel® core™ processors. you wouldn't accept from any one else. why accept it from your allergy pills? flonase relieves your worst symptoms including nasal congestion, which most pills don't. flonase helps block 6 key inflammatory substances. most pills only block one. flonase. you're smart,eat you already knew that. but it's also great for finding the perfect used car. you'll see what a fair price is and you can connect with a truecar certified dealer. now you're even smarter. this is truecar. ♪ when i first came to ocean bay, what i saw was despair. i knew something had to be done. hurricane sandy really woke people up, to showing that we need to invest in this community. i knew having the right partner we could turn this place around. it was only one bank that could finance a project this difficult and this large, and that was citi. preserving affordable housing preserves communities. so we are doing their kitchens and their flooring and their lobbies and the grounds. and the beautification of their homes, giving them pride in where they live, will make this a thriving community once again. ♪ behind south korea and japan. kim jong un's regime called the resynchronizing today the first practical step toward making the north and the south one korea again. >> the white house announcing last night this south korea's president will travel to washington later this month ahead an historic summit between president trump and kim jong un. we await word on the release of three detainees. we've talked about them before. there was some speculation that mike pompeo would have made this a point ahead of that summit between president trump and kim jong un. we had rudy giuliani indicating they'd be released. clearly that hasn't happened. we had the president tweeting this out, "as everybody is aware, the past administration has long been asking for three hostages to be released from a north korean labor camp but to no avail. stay tuned." >> what do you make of this ahead of the summit? >> you're dealing with three lives and people who have families. maybe there's some iron-clad assurance to the north koreans that weren't able, maybe the families were told they're being released but usually you'd say absolutely nothing until they're released and then you can say whatever you want. i assume they have some promises from the north koreans. hard to say. but i would counsel against saying anything until they're actually released. >> i want to get your perspective on where we are ahead of that leader summit. john bolton, the national security adviser met with his south korean counterpart. you have an announcement of a meeting on may the 22nd, the south korean president will meet with president trump. what does president trump want to know as he approaches that summit? >> i hope they're working on it right now. presumably part of the kim jong un/moon jae-in summit was to talk about the summit will president trump. i hope there's a benchmark understanding of what is going to be said. i'm pleased that john bolton has been talking to the south korean national security adviser. i'd sort of like to know whether he's been in touch with the north koreans, do they have any kind of joint statement they've been working on. because i wouldn't just leave this up to the -- to leaders to kind of having a gab fest over. i mean, there's got to be some clear understanding of what this is going to look like. this is a huge, huge stakes for everybody, especially our president. i presume there's some kind of assurance that the north koreans will say something or do something on denuclearization. but so far i think the president is kind of keeping his cards very close to the vest and we're not really sure what's going to come ot ut of it. >> you and i talked a few weeks ago about the planning of a summit like this. as i watched the korea summit take place between north and south korea, i was struck by how every detail seemed to be thought of, down to what the leaders ate. do you get the sense that the same level of interest and planning is going into this summit, which to me seems like it would be necessary, if not more necessary. >> i think it's more necessary. the stakes are enormenormous. in fairness to the administration, i had no idea that mike pompeo had gone off to north korea. he presumably got some ideas from the north koreans. it would seem you would get some more signs of what actually is going to be done. the president hinted the other day, well, we've already decided on a place and a date. i don't quite understand why that has to be a deep, dark secret at this point. maybe it's security or maybe it's just the president's sense of show mmanship. in any event, i think there has to be an understanding that this is not going to be about switching the time zones today or even we leasing the three americans, as good news as that is, there's got to be some major step forward on denuclearization. again, the president, you don't get the sense he's talking to the congress, you don't get the sense there's a lot of consultation that the state department is doing something, yet you do get the sense there are some conversations going on somewhere and i just that this president has just not told us too much of anything. >> joining us on saturday from colorado from the university of denver where he's a professor in practice, christopher hill, thank you for the time. >> the command are in chief, the 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hutchison scenter in dallas, an what is the reaction to the speech that we saw yesterday delivered by president trump? >> absolutely. so today, it is very crowded in the exhibition hall. yesterday, as you mentioned trump was here, but there was a big portion where there was not a lot of people in here, but over 815 acres of space has been crowded throughout the day. i spoke to the family, and three generations, 14 years old from the grandson to 75 years old about what they thought about what trump said and the father said he is not liking that trump has flip-flop edped a lot. he says that trump's twitter to use his words is weird and takes away from the message when him and the vice presidentt is unprecedented both showed up here. they believe that the message is not that strong when he flip-flops, but the 75-year-old who is a vietnam veteran says he unequivocally supports trump. i asked them about the ar-15, and after parkland, it is controversial, and they said a that it is a hunting game and they stressed that they would use it for something like that. at the end of the spectrum, i met a 19-year-old a college sophomore and sor roority membe and nra member, and this is what she said about her own gun membership. >> reporter: how many guns do you have? >> i have no guns. >> you are an nra member, but you don't have any guns? >> right. >> reporter: will you own guns? >> when i am lawful and train and ready and feel comfortable enough, then yes, possibility. >> reporter: and you would conceal and carry? >> yes. >> reporter: now sidney did tell me that hee is opposed to the ar-15, because it is an attack on the second amendment, but she does not hold any guns on her own and stresses safety. >> you are there, savannah on 815 acres there at the convention center, and we heard the speeches by the president and the vice president of the speeches over the course of the multi day event, and how much of it focuses on how much the speakers have to say? >> you know, people here are talking a lot about what the speakers have to say, a lot of what trump and pence said yesterday, and from the people i spoke to, a lot of them were impressed with the fact that both of the vice president and the president showed up at this event, but this right here, the exhibition hall is where you feel like you are at ant event attended by 80,000 people, and even in the hallways, it is packed, every lunch table and everything, and it is very crowded in here. >> thank you, savannah sellers there at the convention center in dallas. >> thank you, david. and organizers in dallas were joined by the moms demand action for gun sense in america. the group's texas chapper ter is holding a training session and workshop on using the social immedia media and busting the gun myths to fight for gun control, and joining us is the founder for gun sense in america is shannon watson and great to speak with you again. >> thank you. >> i want to get your reaction of what the president said yesterday, and savannah said unprecedented to have the president of the united states and the vice president wrapping in the mantle of the national rifle association, and the president delivered a wide-ranging speech. he did talk about guns, and couch it in political terms. i just want to get your reaction to what he had to say, shannon. >> absolutely. the reason that he was there in the first place is that the nra has made a $30 million investment in donald trump's presidency, and so they are looking for a return on the investment which includes he and mike pence attending the event, and i want to point out that when the funerals were happening for the parkland students, donald trump was actually in florida playing golf instead of attending the funeral, but he was able to make his way to dallas to speak out and help sell guns, and so i think that really shows where this administration is, and how aligned they are with the national rifle association. >> i want to pull up a rekrecen poll here, and the nbc news and wall streett journal poll looking at the nra and the most recent polling, 37% have a favorable estimation of the nra and 40% have unfavorable estimation, and going back to april of 2017, and it is 45% favorable, and 33% unfavorable, and so does that tell you that the power of the nra has diminish and what is your group doing as it is look at this issue in the political context as you are looking ahead in the 2018 midterms? >> absolutely. the nra's power is diminishing and the agenda of the leadership is becoming toxic to botht lawmakers and companies. we have seen hundreds of companies distance themselves from the nra since parkland in the last few months where four a-rated republicans have signed sweeping gun reform legislation despite the opposition of the nra and so we are seeing the lawmakers and companies and others be embarrassed to be associated with the national rifle association. it is no longer a badge of honor, but a scarlet letter to be an a-rating. so it is our job to make sure that voters know where the candidate stands on this issue, and when they are voting in november, they are voting on this issue. >> when you are looking at the historical power of the certain rating has been for certain members of congress, and what is your group proposed to do to sort of fight that to representatives who are worried about the perception of the nra and what can your group do differently and your approach to elections changing? >> well, the reading is a quid pro quo and saying that you will give us your vote in return for campaign doe nation, and monetary support, and so we have a pac and we are support iing t opposition of people who support the nra and we are in fact giving moms demand action gun sense distinctions to candidate who fill out a questionnaire, and support our agenda of the gun safety, and we are canvassing and educating, but what is interesting is that our own volunteers are running. 13 ran in november, and nine won. we have several dozen running this november from statehouse to congress, and one way to really change policy is to be the ones making it. >> shannon, great to speak with you as always. thank you so much. she is shannon watts, the president of moms demand action gun sense in america. and coming up a survivor of the parkland gun violence weighs in on the force of the nra. stay tuned for that. we came with big appetites. with expedia, you could book a flight, hotel, car, and activity all in one place. ♪ but how do i know if i'm i'm getting a good deal? i tell truecar my zip and which car i want and truecar shows the range of prices people in my area actually paid for the same car so i know if i'm getting a great price. this is how car buying was always meant to be. this is truecar. prepare for your demise, do your worst, doctor. i will. but first, a little presentation. hijacking earth's geothermal energy supply. phase 1. choosing the right drill bit. as long as evil villains reveal 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Transcripts For FOXNEWSW The Kelly File 20160220

last-minute votes. a state that has a history of picking the eventual nominee. a state that has 50 delegates on divvy up among the winners. the chief correspondent carl cameron jones us from columbia with a look at all the last-minute campaigns. >> reporter: tonight we have an example of the bare knuckle politics. it comes in the form of a robo call and radio ad from a super baghdad called the courageous conservative pac which is independent from the cruz campaign. but it is meant to help mr. cruz and it goes after donald trump for his comments made earlier this week on tuesday, in fact, when he suggested that he supported nikki haley, the governor of south carolina, and her move last year to remove the confederate battle flag. >> trump talks about our flag like it is a social disease. >> almost whate respectful let it go. >> donald trump's bank rolled nearly every major democrat in the country. >> that's by far and away one of the most controversial calls that we've heard in the entirety of the campaign. the cruz campaign makes the point that this super pac is unaffiliated with the cruz campaign. they do not agree with the tone of it. but it does show the sharper elbows are beginning to come out. and we're told in some homes, there will be dozens of robo calls in numerous campaigns. and it comes as the polls have begun to tighten and it shows that south carolina has the possibility to be a very, very close race tonight. >> no matter what you're doing, you have to say, i have to take ten minutes. i have to go out and vote. >> donald trump had a double digit lead for weeks so expectations are high after battling with the pope and former president george w. bush and the discovery with howard stern in which trump said he supported the iraq war. >> the first guy that ever asked me about iraq was howard stern. i guess. then i started looking at i. before the war started, i was against that war. >> the latest poll shows trump ahead but in a virtual tie with ted cruz within the margin of error. cruz came in third in new hampshire and would get a huge boost. >> just this week, donald trump said in a tv program, that he would be neutral between israel and the palestinians. so let me tell you. this i have no intention of being neutral. >> rubio is third and can't afford to slim, having come in fifth in new hampshire. he needs to show momentum. >> we're very blessed to have so many good people. and look, none of our candidates is a socialist. that's a good thing. and none of our candidates is under fbi investigation. >> for jeb bush, the expectations are the most intense. he campaign with his mother again today and his brother earlier this week. he needs to be in the top three or could face an exodus of donors and volunteers. >> donald trump has never shown any interest in anybody other than himself. in the two dpats are gifted speakers, marco rubio and ted cruz have shown nothing in their past would suggest they could make a tough decision. >> john kasich said he is going forward no matter what happens. >> we're going everywhere. it is a national campaign. >> and ben carson's campaign has revealed that it did meet with ted cruz yesterday and in carson's assessment of it, it did not go well. it was supposed to be an opportunity for ted cruz to explain what carson has called the dirty tricks that he suffered in the iowa caucuses. they met, believe it or not mark the broom closet at an event in greenville. carson said it did not go well. the cruz campaign acknowledges there was a meeting but won't comment on the tone of it. we should point out six major candidates on the ballot in south carolina. three of them will go on. the other three could be in big trouble. >> in a broom closet, carl. some of this stuff you cannot make up. carl cameron in columbia. thank you. still ahead, i talked on voters here in south carolina about what issues are driving them this year. and which candidates they're supporting in tomorrow's primary. on the eve of the democratic caucuses in nevada, hillary clinton is touting a big endorsement that they insist could help. today, bernie sanders is making his way around the silver state while clinton is staying in las vegas for what was once considered the safe bet but could now swing bernie sanders' way. ed henry is there with a look at the last-minute moves to win over voters. >> reporter: hillary clinton raced across las vegas making her final pitch to groups she is having trouble connecting with. >> i do want to have seven days of paid sick leave. >> reporter: just hours after bringing more attention to another sore spot. honesty and trust worthiness with this awkward answer. >> have you always told the truth? >> i've always tried to. always, always. >> some people are going to call that wiggle room that you just gave yourself. >> no. >> at a forum last night, clinton was bood during an msnbc town hall when she pointed to some of bernie sanders's criticisms of president obama and questioned the socialist's loyalty. >> he was not really a democrat until he decided to run for president. he doesn't even know what the last democratic president. did well, it's true. it's true. you know it's true. >> and then there is her cash crunch. the los angeles time reporting clinton is running out of celebrities in hollywood to get money from. many have given the max $2,700 allowed by law. an anonymous clinton oilist said the pond is getting fished out. while sanders is the king of small contributions so he can keep tapping his supporters for more money. a point he stressed today. >> you know what the average contribution was? $27! >> clinton did get a major boost today with the endorsement of a key african-american leader. congressman clyburn. yet clinton was not there for the endorse many which was expected to be rolled out next week closer to the south carolina primary. a stein clinton camp may be trying to umpblunt the damage. so in las vegas she is getting last-minute help from a one-time foe. the form he campaign manager. in south carolina, hollywood legend morgan freeman is allegeding his voice to this clinton tv ad. her work has been about breaking barriers. so will her presidency. >> here's why clinton's money problems matter. we've learned that next monday and tuesday she'll be in california again. raising money, valuable time off the campaign trail while sanders is free to stump in south carolina. >> thank you. one day before supreme court justice antonin scalia is laid to rest, president obama is already looking for his replacement. the president has called senate leaders, mitch mcconnell and harry reid, i know what the judiciary leaders about nominating a replacement. tonight, mourners are still lining up at the supreme court to say goodbye to justice scalia who will be laid to rest saturday. earlier, the president and the first lady paid their almosts to the conservative justice who died last week in texas. they even met privately with members of scalia's family to express their could nndolenceco. >> reporter: on a frigid washington morning, the flag draymond coffin of antonin scalia arrived at the u.s. supreme court. met by scores of former law clerks who lightning the long stairway into the great hall. there scalia's colleagues received his casket and welcomed his family in a private ceremony. >> god of faithfulness, in your wisdom, you have called your servant antonin out of this world. welcome him into your presence so that he may enjoy eternal light and peace. >> reporter: scalia's clerks took turns standing guard. >> if he was writing a dissent, if he couldn't cobble together four other justices to agree with him, he was writing for justices 20 years later, 30 years later. and i'm quite confident that law students will be reading justice scalia opinions a century from now. >> reporter: thousands cued up around the block the pay their respects throughout the day. while president and mrs. obama stopped by late in the afternoon. also visiting, several prominent judges who now final themselves the subject of nomination about whether they could fill the empty seat. he was unanimously approved by the senate less than three years ago. outside, a small memorial continued to grow throughout the day with cheeky nods to some of scalia's most biting words. the first time the court heard the challenge from the affordable care act, he asked whether they could force everyone to buy broccoli. in a dissent, scalia referred to the reasoning as pure apple sauce. and it is a gets darker and colder, the line continues to grow. we're told the wait is about two to two and a half hours at this point. the court has extended the hours of visitation until 9:00 p.m. there will be a celebration at the basilica. vice president and mrs. biden will be there to represent the administration. >> live outside the supreme court. shannon, thank you. senior pentagon officials say they saw an opportunity and took it. killing at least 40 isis terrorists including one considered a high value target in air strikes in libya. the strike today targeted an isis base in northern libya. tonight, national security correspondent jennifer griffin looks at who was killed in the attack and why the u.s. chose to act. >> the u.s. f-15 flew out of england. u.s. intelligence surveillance flights held with targeting and isis training in libya. >> we feel confident this was a successful strike. >> reporter: the u.s. air strike took place at 3:30 local time and hit a building where isis fighters were sleeping. about 15 miles west of the capital. the strike targeted a well known tunisian national and isis recruiter. in may 2015, the tunisian authorities named him as a suspect in a deadly attack on the museum in tunis that killed 22 people. he is thought to have been behind the attack on a beach front hotel in tunisia last june. no americans were killed in either attack. he has facilitated the movement of potential isis affiliated foreign fighters from tunisia to libya and onward to other countries. peter bergen once interviewed osama bin laden. >> the libyan affiliate of isis is the most virulent. >> president obama approved an air strike and has not ruled out more action there. >> we will go after isis wherever it appears. the same way that we went after al qaeda wherever they appear. >> both of these military strikes are an indication that the president will make good on his promise to continue to apply pressure to isil leaders who threaten the interests. >> witnesses on the ground in libya say 41 people were kill in the strike. mostly tunisians but also, one jordanian. >> tunisians make up most of the isis foreign fighters in syria. the pentagon said this training car. hosted up to 60 isis fighters at one time. that they have their eye on other training camps in libya. >> live in washington, thank you. the justice department is stepping up its fight with apple over the company's refusal to open up the cell phone of one of the san bernardino attackers. tonight, the chief corn katherine harris has the latest on the battle that could end up before the u.s. supreme court. >> with today's 35-page court ruling, the gloves are off. they said the refusal to unlock the phone is a marketing strategy where the tech giant is putting its interests above the rule of law. despite its efforts, apple nonetheless has the ability and so should be required to obey it. rather than assist the fbi which is exploring whether the san bernardino terrorists had outside help, the judge said apple is refusing and has the ability to bypass the password without destroying the data. in today's filing on behalf of the attorney general loretta lynch, and fbi director james comey, they were told that software developed to open the iphone will not be shared with the fbi and apple could destroy it. if the fbi can course an tol build a key, you can be sure authoritarian regimes like china and russia will turn around and force apple to hand it over to them. they will use that key to oppress their own people and steal u.s. trade secrets. they said the fbi wants a back door and this weakens data security for the individual consumer and the government. because encryption can be used by anyone with that knowledge. trump called for a boycott of apple products until the fbi works with the fbi. >> thank you. as you mentioned, donald trump said he will stop using his iphone until apple cooperates with the government and he said you should too. >> first, apple ought to give the security for that phone. what i think you ought to do is boycott apple until such time as they give that security number. i just thought of that. boycott apple. >> boycott would be no easy task but could really harm the company. research estimates that at the end of last year, 103 million iphones were in use in the u.s. that's not counting other devices. coming up, money problems. whether the rich should be the target of politicians during the election season. we'll explain. first, here's what our fox affiliates are covering around the country. in honolulu, an incredible moment the helicopter crashed into pearl harbor thursday. five people were on board that chopper at the time of the crash. all were rescued from the water, including a 15-year-old boy who remains in critical condition tonight. and this is a live look at mobile, alabama from our affiliate. the big story tonight, the death of author harmer lee in her home town of monroeville. her book to kill a mockingbird became a classic about racial injustice in the south. and she was awarded a presidential medal of freedom. harper lee was 89. feel a cold sore coming on? only abreva can heal it in as few as two and a half days when used at the first sign. it penetrates deep and starts to work immediately to block the virus and protect healthy cells.. don't tough it out, knock it out, fast. abreva. if you may have prediabetes. you can do it here. but i get it, you're busy. and busy people can't have prediabetes. ahhh, i read that wrong. they can. ok. just go to the site. a gorgeous sunset here in myrtle beach. about 12 and a half hours before the polls open in the first in the south primary. making a lot of money is for many the american dream. but when it comes time for elections, rich people are usually demonized for having so much money. should they be? >> what doctor do have jay-z and dr. zuckerberg have in common? a lot of money. >> greed for a better word is good. >> not on the campaign trail. >> the wealthy will have to pay their fair share. >> we have a rigged economy. >> bernie, you have to know something, buddy. you're a nice man. a very nice man and you mean well. >> most do play by the rules. nike's did not get rich because of handouts or a rigged system. >> these are the people giving us jobs. >> we analyzed the 400 richest americans. they employ more than 10 million people across the country. they owe their kids' education to these so-called fat cats. >> right now the wealthy pay too little and the middle class pays too much. >> we look at stupid politics. that's what people do to try to get people to vote for them. >> stupid because tax policy can kill the golden goose. when job creators leave, so does the capital. >> you're working seven or eight months out of year just to pay taxes? >> many economists agree. demonizing billionaires may be good politics but it is bad economics. >> if there is a ceo that is creating a lot of value for shareholders, wealth for the economy, the value they're creating is so much greater than their actual compensation. >> the irony is while many young want to tax rich, they're saying on it a bill gates software while using an iphone developed by another billionaire, the late steve jobs. >> thank you. to the markets, the dow down 21 points. the s&p was down a fraction. the nasdaq was up nearly 17. a big week for the markets. the dow and the s&p 500 were up more than 2.5%. up next, taking the temperature of south carolina voters. how some of them plan to vote and what matters to them for tomorrow's republican primary. hey, need fast heartburn relief? try cool mint zantac. it releases a cooling sensation in your mouth and throat. zantac works in as little as 30 minutes. nexium can take 24 hours. try cool mint zantac. no pill relieves heartburn faster. 64 more classified e-mails are among the latest batch of hillary clinton e-mails released by the state department tonight. the state department said they were not marked classified at the time the e-mails were sent. close to 85% of the 55,000 pages of e-mails have now been made public because of a judge's ruling. of those, 1731 contained classified information. tomorrow south carolina primary could predict the next republican nominee. the palmetto state has been nearly flawless in predicting the eventual nominee since its first in 1980. it failed just once when they picked newt gingrich over mitt romney. what are the voters here thinking and what matters to them most? i got a chance to talk to them earlier today. >> safety, the economy, the debt. those are very important things. >> bill group lowe has been a car dealer in myrtle beach for 20 years. as a business owner, he knew the republican he want to support from the start. trump. >> i've had this for 20 years. i own it. no one has helped me. i don't get funning from anyone. this is all on me. so i understand, i have you know, bills to pay. if i have to borrow every week $5,000 or $10,000 every week to keep my doors open, i'm a failure. this country is borrowing billions of dollars. now we're into trillions of dollars. our government has failed us. we can't go anymore. a sanders or clinton will make it worse. it will be like greece. i got kids, man. i got a 15-year-old son, a 9-year-old daughter. i'm concerned about their future. >> finally have a guy that understands and has common sense and has problem solving skills that i think can do a really good job. unlike what we had with the establishment candidates. >> you're a car dealer. so he is your vehicle for this message. >> exactly. >> ant establishment, ant-washington. all wrapped up in one. >> everything is negotiation. donald trump is very strong when it comes to deals and making negotiations. when he has his mind set on something, he goes at it 100%. he doesn't do very well. >> i think one of the most important issues is absolutely going to be safety. >> megan is a mother of two and manager at a clothing boutique. she is most concerned about security and gun rights. >> i have two little girls, 4 months old and a 4-year-old. i want to be reassured, when they go to school they're completely safe and taken care of. with that i feel confident, there should be a staff member on site who has a gun. i think gun control is such an issue and i think the gentle is being pushed to take that right away. and i think it is really important to go back to what our country was founded on. the conservative beliefs that we were founded on in this country. >> so is there a candidate who lines under for you? >> rubio is definitely one of the ones that is resonating with me the most. >> but she said she may vote for ted cruz instead marco rubio. >> i think that should be something people think of. would you rather give your vote to somebody who is closest to being in first or someone that you want to bump up and the closest they'll be in is second. >> that's the biggest thing, helping people have a great life. maybe keep more of their paycheck so they can survive. >> john 58 pastor of legacy church. he is following the head to head polls very closely. >> i'm leaning but still under sure and i'll decide when i'm in the booth. i did some research on rubio. looking at the national polls is what i've always looked at. who is the best republican candidate who can win. and you know, i was floored to see that rubio was the only one to beat hillary clinton and sanders. we need a candidate that can win. and you know, i think that he is the one to do it. >> you're definitely not voting for donald trump. >> i would not vote for trump for dog catcher. that's the way i feel. character, integrity, honor. i was thinking about this. if he acts this way in a presidential primary, how is he going to look on the world stage? >> cruz doesn't light your fire? >> cruz, that's where my dilemma came. about a week or so ago. i was maybe leaning toward cruz. then after all of the allegations in iowa and now things going on here in south carolina, you know, i don't know whether i believe it all or not. where there's smoke, there's fire. i don't know that he could win the general election. >> with rubio, if i vote for him, i will support him. it is one of these things i'm not hike, rubio! a lot of trump supporters are sold. >> the economy and national defense are right there. i mean, that's absolutely the top. >> don weaver is a career guidance counsellor at ocean bay middle school. the kids voted for donald trump and bernie sanders this morning in a mock election. weaver is still deciding. >> i like trump. i like cruz. i like rubio. and i love carson. i wish prior to last saturday night's debate, or since then. i would like to put them all in a blender and come out with one candidate. i was very disappointed last week. it was not an opportunity for those of us who want to consider it, it was embarrassing. >> so like parts of all these candidates. you have to make -- >> right now, it is trump-cruz. as a form he business person, i really like what trump says. probably, i'll probably end up going trump. >> washington is so bloated and ineffective and not fiscally sound. >> she is president of the myrtle beach republican women of she said she is leaning toward one candidate but knows people supporting a lot of them. >> i have very close friends who are advocates of ted cruz and close friends that i really like that love trump. and close friends that really like kasich. and people that follow the bushes. i don't think we need another clinton or a bush. we need a new generation. people talk about rhone's experience, or lack there of. his youthful and i remember john kennedy was younger than rubio. and i consider him very inspiring leader. and articulate and inspiring. and you knew that he loved america. the american dream is what we're fighting for. >> our thanks to the voters today. we'll talk to more of them over the next day. both here and south carolina and in nevada. one day work the big votes. some predictions on how that all plays out from our panelists, feel a cold sore coming on? only abreva can heal it in as few as two and a half days when used at the first sign. it penetrates deep and starts to work immediately to block the virus and protect healthy cells.. don't tough it out, knock it out, fast. abreva. we have to make sure we get a big mandate. tomorrow we have to go out and vote. >> the week before iowa, every pundit on tv, every pollster on tv said there's no way we can win. the one thing they forgot was the voters. >> that will be the consequences if bernie sanders or hillary clinton wins. if they win, all the policies barack obama has put in place which have damaged our country become permanent. >> so the sounds on the campaign trail today as we look at the real clear politics of polls, heading into the first in the south primary. donald trump still with a big lead here. almost 13 1/2 over ted cruz, marco rubio and you see the rest the field. let's bring in our panel from washington. charlie hurt, political columnist for the washington time. chuck atlantic from the "washington post" and charlie krauthammer. i like to call this the chuck wagon. we're coming up with new name. set the table for us, charlie krauthammer. you look at the polls and you see what's happening on the ground. >> i think the odds are that trump will win. probably big. that's expected. i think the real key will be what is the difference between the third and, if there is a big spread. if you get trump, cruz, rubio in that order. then the bottom three are in single digits. that i think would be a seminole event. if the vase a three-way race, it is a toss-up. who at the top three would get it. if it remains a six-man race, trump will dominate all the way to the the vote. that's the real issue. will south carolina win the way we expect in it new hampshire but which new hampshire did not? >> now, i want to chuck lane, listen to this back and forth with donald trump and ted cruz with a new lien of attack by ted cruz on israel. >> to make lasting peace there, probably the toughest deal of all but i'll give it a try. let me an neutral guy. i'll give it a shot. i would be so proud if could i do that. >> as president, america will stand unapologetically with the nation of israel. i am not neutral. >> okay, chuck. >> there is a lot of support for israel among evangelicals. they are a key bloc for which these two men, trump and kroos, so ted cruz pounced on that little word neutral. even the idea of neutrality or even handedness is not what would you expect from donald trump who is always sort of positioning himself as mr. belligerent. it was an off key note and moment for him and cruz completely pougsed on it. of course, whether he has what it takes to outpace trump at this point or not, i don't know. but i think he has to keep a lot of evangelicals on his side. >> i talked to a lot of voters. there's a lot of support on the ground for donald trump when you talk to people around the state. >> and i think one of the big problems for donald trump, he's done very well in material of the poerls. if he does went by a double digit margin, that's a tremendous victory but he probably won't get the credit in the media that he would like. in iowa he came in second place. marco rubio was very much viewed as the winner there. at least between the two of them. another thing i'm interested in watching. history is lit effort with candidates who get in under the leader and turn it into a murder-suicide. and rubio and cruz have to be very careful about that. they're going hotly negative. >> okay. it's friday. we go to a place called the candidate casino. looking back for this particular panel, take a listen. >> my first time. i'm going to place the five chips on jeb. 15 for rubio. >> you have the top three. bus bush. >> i have $live the on donald trump. this is new for me. i have been a skeptic. >> trump on top 35. cruz is number 2. rubio, and my long shot is christie. you can see the evolution from the beginning to now. >> the evolution is that i've doubled the wine, women and song. i'm now up to $10 on that. i've got trump, cruz, rubio in that order. rather close together. a lot will hinge on tomorrow. again, if the field is winnowed, i think it is a toss-up between the three of them. if not, trump remains the prohibitive favorite. >> charles lang? >> they say what happens in vegas stays in vegas. but in candidate casino, they bring up your past and throw in it your face. >> i'm saying $35 on trump. as i said, i capitulated. my second was $30. it is about remaining one-on-one with trump. i'm sticking $10 on john kasich. i think he is the one guy you really can't eliminate in south carolina even if he finishes in the bottom three. he is still intent on playing ohio and michigan. >> we're going to get the tape. so talk slowly here. >> just to be clear, i paid somebody to burn all of mine. so right now i have trump, 75, and in between rubio and cruz, he give rubio 15 and cruz 10. only because i think the establishment ultimately about will have get behind marco rubio big time. and that is a powerful thing and it gives him some edge. >> the three cs, charles, charles, charles, or charlie, chuck and charles. next up, two local journalists join me here for a look at the situation on the ground in south carolina. it appears that there is apestablishment lane and then there is the outsider lane. i'm in the establishment lane because i'm the son of george h.w. bush and the brother of george w. bush. i got that. i'm proud of it. doesn't bother me a bit. >> i feel good about the feeling down here. i don't predict. but i think we'll do better than we were expected to do. >> being able to talk about the real issues, not get into the gladiator stuff because it's not really about me or touchdown or ted cruz or anybody else. it's broabout we the people. >> carson, bush and kasich all fighting here in south carolina. we're back with the panel. bill borrow reporter for the associated press and claire reporter for the sun news. thank you both for being here. give us perspective. this is a big state. a lot different than iowa and new hampshire. >> republicans here are very proud, south carolina is the first opportunity for republicans to play before the microcosm of the national republican electorate. evangelicals, tea party sympathiz sympathizers, veterans, you have to play to all fields here. >> and as you look at the map, there is a lot of veteran presence and you see candidates adjusting their message to the on the stump because of that. >> veterans have been a major issue.that. >> veterans have been a major issue. issues have hit the sures of veterans affairs and benefits really hard. >> and evangelicals, as well. >> senator cruz has made a hard play there on that i-85 corridor. you find people that i had guy with the evangelical all over the state. but if senator crux z is able t catch mr. trump, it will be his strength in that abo abouthat. >> and the radio ad about the flag play and it goes after donald trump and supporting governor haley. how does it play? >> i think the people in south carolina that were bhered about the flag coming done are very vocal. but if you look at governor haley's numbers now, they're still very strong. so i'm not convinced that -- and even when it does, going after trump, trump already has attracted a lot of support from positions he's taken in the past a or even now. >> down here also a lot of retirees. what are the primary issues? i've talked to a lot of voters today. but what do you see out there when you hear the town halls? >> they're vocal about social security benefits and whether they're being taken away or being cut at all. so they're pushing hard at keeping them and improving them. >> and is there one issue that you think is driving this race more than others where trump is doing so well is this. >> i think a lot of it is trump is seen as an outsider and people in south carolina are verythis. >> i think a lot of it is trump is seen as an outsider and people in south carolina are very vocal about they want someone new in office that doesn't have all the political experience that isn't in government all the time. >> and they want somebody to kick over the table in washington. they want somebody to shake it up. >> and that is a national theme in the democratic primary. it's a national theme. no different than the two states who have already gone to the polls. >> looking forward to next week, that looks like it will be a battle as well for hillary clinton. >> for now. >> claire, bill, thank you very much. we'll be right back here from myrtle beach with some final thoughts. feel a cold sore coming on? only abreva can heal it in as few as two and a half days when used at the first sign. it penetrates deep and starts to work immediately to block the virus and protect healthy cells.. don't tough it out, knock it out, fast. abreva. as we wrap up from beautiful myrtle beach, we saw a wonderful sun set behind us. our thanks to the people of south carolina who have been great to us and of course the voters who agreed to speak to us on camera. that does give us a sense of how things are here. tomorrow is the big primary here in south carolina for the republicans. democrats will head out to the caucuses in nevada. and fox news as you covered. we will bring you complete coverage, the results and analysis all day. i'll be up in new york for a special edition of saturday edition of special report 6:00 p.m. polls close here at 7:00. that's men america election headquarters begins. thanks for inviting us into your home tonight. that's it for this special report. fair, balanced and still unafraid. greta is down here, iririririri 10:00 as the numbers come in. who will win south carolina? what about nevada? join us tomorrow. welcome to "hannity" in beautiful, charleston, south carolina, two town halls tonight. ted cruz and marco rubio and a few special guests. "hannity" starts right here, right now. senator, good to see you. >> good to be with you. >> tomorrow's a big day. >> yeah. >> you won iowa by a -- by a historic margin. you spent less than most candidates and came in third in new hampshire. >> yep. >> and there's a pl out this morning that shows you within five points and taking south carolina. [ cheers and applause ]

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Transcripts For MSNBCW MSNBC Live With Stephanie Ruhle 20180427

drain the swamp, he has filled it up. >> guilty on all charges. bill cosby convicted of three accounts of agri vattedagrivate. >> today, this jerry has shown what the me too movement is saying, the women are worthy of being believed. >> we begin this morning with the historic summit on the korean peninsula. the two leaders vowing to seek a permanent peace and end to the war that is technically been ongoing for nearly 70 years. i have a great team to break it down this morning. first to nbc's janice jackie in seoul, south korea. take me through what people are saying. do they believe this is a sign of real change? >> these are bold goals but they're not unfamiliar goals to people here. still, it's a remarkable turn of events considering we started 2018 with kim jong-un and president trump trading threats about their nuclear buttons. first, they're pledging to take steps towards ending the korean war. that means three-way talks with the united states, four-way talks with china to come up with the former peace treaty. they are saying this is the end of war on the korean peninsula so that is significant. the statement though on denuclearization is a bit murky. what they're saying is they'll move toward the common goal of denuclearization of the korean peninsula. they don't define what denuclearization means. there is also not even a hint at concessions by anybody. so at this stage, north korea is promising to give up nothing. so there is a healthy skepticism here. that this is a tactical move by kim jong-un. that he used his own maximum pressure campaign to have this incredible nuclear deterrent and now moving into a maximum engagement phase. doesn't change the fact what we saw today was fairly remarkable with the north korean leader crossing the dmz, shaking hands with kim jong-un. they're having a banquet this evening. it also significantly raises the bar for that upcoming summit with kim jong-un and president trump, stephanie. >> i want to go to nbc's kristen welker who is live at the white house. kristen, clearly a very positive reaction from president trump. earlier today, lindsey graham said if this thing works out, president trump deserves a nobel peace prize. >> well, president trump is touting the historic images we are seeing from the korean peninsula, stef. let me read you some of the tweets. first tweeting about the meeting, saying after a furious year of missile launches and nuclear testing, an historic meeting is now taking place. then, just before 7:00 a.m., tweeting this, stef, korean war to end the united states and all of its great people should be very proud of what is now taking place in korea. to your point, president trump has touted the fact that, look, he used very strong rhetoric. we all remember the fire and fury rhetoric he used to threaten north korea. a lot of foreign policy experts expressed concern about that type of rhetoric, saying it could ultimately backfire. but now you have south korea saying look, president trump does deserve some of the credit for this progress and talks we are seeing. but to janice's point, and it is the critical point here, stef what is in the details, what are the actual deliverables. where are the areas of agreement? all of that remains to be seen. of course we know that the president's incoming secretary of state, then cia director mike pompeo, met with kim jong-un several days ago. we saw the first images of that released yesterday. president trump revealing for the first time yesterday during that free-wheeling fox interview that that meeting wasn't planned, it was somewhat impromptu. we also know that president trump is still aiming to have that meeting, which would be historic, with king jong-un. so undoubtedly what we saw take place overnight could be a step in the right direction toward actually seeing a meeting with the u.s. and kim jong-un. the details of that still being hashed out as well. the united states insistent that it continues to be a partner with south korea. all of this, stef, that's an important point, because the north has historically tried to deny that alliance. >> my friend elise jordan, contributor to "time" magazine. ron insana, cnbc contributor. elise, to you first, at the very least, the pictures, the images, they're extraordinary. what's your take? >> i'm cautiously optimistic. i think it's always better when we're talking. and i think we're starting to see the beginning of a process. while there's nothing concrete, it's at least a step in the right direction. so i don't want to be too excited, but i am feeling way more optimistic than i felt over the past year, that perhaps a peaceful outcome is possible. >> ron, how does this set the stage for president trump's planned meeting with kim jong up just a few weeks from now? >> it raises the question whether or not he's going to be the closer on this. certainly you have to give the trump administration some credit if indeed the maximum sanctions approach taken against north korea actually brought kim jong-un to the table. but whether or not they could close this deal, again, in the absence of understanding what denuclearization means to north korea versus what it means to the rest of the world that is the probably thorniest question this entire negotiation. euro you're not talking about reunification. you're talking about peaceful coexistence. maybe lessening the sanctions so civilians will get much-needed food. >> that will be a huge positive. >> it will be great for north koreans. whether or not the president can put a final stamp on this i think as richard haass said earlier this morning on "morning joe", you know, we still have a long way to go before this is a concrete solution to a 70-year-old war. >> why should we be optimistic things are different? mult pu multiple presidents have tried to cut a deal and failed. >> a military official who was recently in south korea, i spoke to this morning and was told that, attributed it to a three-point strategy. the economic sanctions. the little bit crazy trump brought to the table is having an impact. and just the credible use, the credible threat of force to this go-around has actually brought north korea to the table and has made the conditions different this go-around. >> what could this do to china/united states relati relationship? >> it might further separate the united states from china. in as much as china has an interest in maintaining the status quo. you know, it's interesting that the president passed on the transpacific partnership, the tpp, because had we been on this, it would strengthened our hand in asia with respect to north korea because it would further isolate china economically. there's a disadvantage here that the u.s. is playing broker and china is sitting it out on the side, not having much influence. in the larger scheme of things, i'm sure china will have some input when it's said and done. >> now the other big story this morning, the question surrounding the white house, the president and his ability to pick, quote, all the best people. following ronny jackson's decision to drop his bid for va secretary, the number of failed nominees is now 24. that is as many failed nominations as president obama had in both terms combined. nevertheless, the president is blaming, quote, obstructionist democrats for jackson's withdrawal and for preventing him from filling key government positions. i want you to look at this. according to the partnership for public service, more than 200 positions don't even have a nominee. that is one-third of all key jobs in the executive branch. for those who do get the job, it can be a brutal experience. multiple reports are out today looking at who's joined the trump team and then who found themselves personally and professionally damaged by the experience. we're talking about men like rex tillerson, david shulkin, tom price, h.r. mcmaster and now dr. jackson. all flawed. every person is flawed. some of their mistakes greater than others. but did they deserve what they got? think about rex tillerson. his extraordinary career. his commitment to the boy scouts. who we was as a philanthropist. and he left the white house somewhat disgraced. i want to bring in the policy adviser for america first policies. he was also up for labor secretary before withdrawing his name. andy, this whole ronny jackson, excuse me, story is weighing on me heavily. he was an admiral in the navy. he got a glowing report from the obama administration, from president obama personally. also one from president trump and anyone i've spoken to in the white house has said how wonderful he is to work with. now, many of the same people said he's a great doctor but he's not qualified to be va secretary. and now look what has happened to him. this guy has had his name run through the mud and it's allegations. one of the allegations that the secret service had to bang down his door in 2015 when he was on duty. but that story can't get back n in, his reputation. >> the politics of the day, make sure the president of the united states had the people he wanted and the government could function. those days are gone. if it weren't -- if it weren't for the fact that harry reid eliminated the filibuster with respect to the presidential appointments, i don't know that anybody could get appointed. it's worse than it was in the obama administration because he's already had as many as the obama administration had. >> let's make it clear, mcconnell made it a point to block whatever obama wanted to do. the vetting process is absolutely appropriate. it doesn't need to be public and we know that the president's white house isn't vetting people as much as they need to. you know this. >> let's look at mike pompeo. he was approved by the democrats to run the cia. and then look at what the republicans did with john kerry and hillary clinton. they were approved by votes of 96, 97 votes. mike pompeo squeaks through with 56. this is worse than it was during the obama administration. as far as vetting, how much could you -- >> hold on a second, i don't remember -- >> -- vet ronny jackson? >> i don't remember the tweets and deleting them that had to do with conspiracy theories because mike pompeo was. >> senators didn't even like john kerry. john kerry was not the most popular guy in the u.s. senate. but the president of the united states said we want him as secretary of state. when we deal with foreign countries, we need to appear unified. we can fight all we want but when it comes to a position like the president nominating a qualified individual, the senate has a responsibility to act nonpolitically. it did not do that with mike pompeo. >> isn't the issue -- many of the people are -- >> it's always the issue, but look they did to jackson. they take things that are completely false, turn them into huge stories on the media, on the left, and people get their reputations destroyed. vince foster said it best. he said around here destroying people's lives is a sport. when it becomes that in the united states senate, when the senate becomes politicized on political appointments, the u.s. has the power to stop any president from running a government effectively. >> is it the democrats and the media to blame? let's look at the rob porter example. rob porter maybe should not have had a job in the white house given his history. but shouldn't have had his life destroyed which it is now. if someone like rob porter has allegations against him from his ex-wives that may or may not be true, wouldn't it be wise to have him sit on the sidelines until he's fully vetted and everyone has all the information needed and then put him in the white house? instead, have someone with those type of allegations out there for months and months with half information and cover-up. and then he has to leave absolutely disgraced. wouldn't it be much better if someone with that background, if those allegations were true, had simply not gotten that job? >> absolutely. it would have been better for him and better for the administration. that was not a senate -- that was not a senate confirmed position. >> but that is another person -- >> what i'm talking about is a -- the senate going away from the practice that has been through many administrations and look, maybe the drift started with president obama. there certainly was resistance to him. it never reached the peak it was at today. that's a problem for our democracy. it's not just a problem for this administration. it's a problem going into the future. because the base of the democratic party may be pressuring democrats to do this. but the republican party has a base too. if we have a democratic party and a republican senate, we're going to have the same problem. this is a mistake for our democracy. i don't care who the president is. i don't care which party it is. >> i'm with you. >> the senate should be supporting the president and getting as many people into government as quickly as we can because you can't function as a country and a government if you don't have the president's personnel in place. >> i'm with you. >> so this is an embarrassment. >> we need to trust more, love more, but we have to do our homework and put people up for those jobs who are qualified for those positions. there are questions around the people who president trump is putting forward and if they've been vetted. elise jordan, you worked in the white house. >> it really is ensubtinsultinge american public to say the senate should just give a rubber stamp on absolutely anyone -- >> that's just not true. >> these are unqualified individuals -- >> like mike pompeo? >> i actually disagree with the appointment of -- >> -- that the president shouldn't have the qualified guy he selects -- >> -- deserves better than someone retweeting conspiracy -- >> oh, good lord -- >> andy, andy, alise -- >> -- to approve hillary clinton who supported her husband when he took women -- there are develop well-founded allegations of sexual harassment, sexual abuse and more? it was okay to approve her when she supported her husband in silencing those women but it's not okay for a guy who deleted some tweets. >> andy, we're going to let her talk, but i don't want you to go down the rabbit hole of who supports a chronic sexual harasser do you? >> sure. >> really, really? >> yes, i think -- yes, we changed the rule when bill clinton was president. we said you can stay president -- >> wait, wait, we didn't change the rule -- >> no, sir, we -- >> before bill clinton, we never, we never would have let somebody stay in office like that -- >> jerry hart. >> now you've got a republican in office and you want to change the rules because allegations. nothing proven but allegations out there. >> let me ask you personally, you don't think president trump has cheated on his wives? you don't think the -- >> i have no idea -- >> excuse me, sir. >> you don't think the "access hollywood" tape is true? >> number one, the tape doesn't mean he cheated on his wife. >> he admitted in a book to cheating on his wife. >> sir, he admitted in a book to cheating on his wife -- >> that's between him and melan melania. it's not something we know about -- >> which wife do you want to talk about? >> also last week another playmate -- >> i'm sorry, i can't, i can't -- >> -- i'm remote so i can't understand it when two people talk. >> it's hard to understand it when one person's talking at the moment. listen, i think, stephanie, you said, you know, we should have more trust and love. that is true broadly across our society i think when it comes to nominating and confirming individuals at the highest level of u.s. government. i'm not sure it's about trust and love. it's about vetting verification and assuring that these people are -- have the requisite skills to carry out their jobs. i think in this administration, more than any i've seen in my lifetime, there are -- there is a wide number of people who are simply not qualified to be in the positions they currently hold or might have held and that is a vetting problem within this white house, absolutely. >> well, to mike pompeo's credit, i think his role with north korea and that diplomacy, that if i'd been a senator, i would have probably just swallowed it. you know, i would have gone ahead and done it. just because i do think north korea is at such a perilous point. by contrast, look at who we just have as new ambassador to germany. the track record of just horrible tweets, vile language. this is who's representing us in germany and diplomatically. is that really the best we can do? this is just an example of the low standards of the trump administration. if you praise donald trump on television, you stand a good chance of getting a plum post even if your foreign policy views don't match up to what president trump promised the american people when he campaigned. >> andy, last point. >> i really don't know much about the ambassador that was being appointed to germany. i do think that the united states senate needs to take its role more seriously in supporting the president, particularly with the -- >> it's the republicans -- >> well, yes, but you've got to have at least 50 votes and we've got like 51 people. so when mike pompeo gets like 56 votes, i think that's an embarrassment for the senate. i think we need to be unified when we deal with foreign governments. i think we can have fights and disagreements among themselves. i think it needs to be supportive of the president and i think in the current environment, i started -- i won't say it didn't start with obama, but it's gotten much worse with trump. in the current environment, the senate is finding it increasingly difficult to do that, where it has done so in the past without really much problem. i think the democracy needs -- democracy needs the senate to act more like a deliberative body. >> we just heard that we need to be unified with respect to the front we put towards other countries. the president is not unified with his own cabinet in that regard. it starts there. the senate in that regard is immaterial. >> exactly. during pompeo's confirmation, he could not answer basic questions about what the administration's foreign policy is, what the strategy is. because donald trump does not have one and he has not given it to the entire administration so they can represent his views. it all starts from the top. >> we're going to leave it there. andy, i appreciate what you're saying. it doesn't serve the american people for anyone to be obstructionists. but in 2018 it certainly makes sense for every person involved in a confirmation process to make sure that people going forward are qualified for the job. i think back to betsy devos' confirmation, when she couldn't answer basic questions about education. i think back to president trump and the amount of people that surrounded him in the campaign who have now been indicted. i'm not saying that's the case for all of the people around the president, but we have to look at that through that lens and know that every person going forward really needs to be vo vetted. that's all i'm saying. >> there's nothing wrong with vetting out of the executive branch. i think that's a very, very positive thing. again, i would go back to mike pompeo example and the other guests and i missed everybody's name in the beginning and this being remote isn't easy, but the young guest -- >> elise. >> yes, stating had she been in the senate she probably would have voted for him. i got to tell you, i wish democrats, i wish more democrats had felt that way and acted in that respect. he was going to get approved anyway. let's show the world we're a country that stands together. going back to your original point, it is time for us to be a little more rational but who can argue that vetting should be better? vetting should be better for every president. certainly it can be better in this administration. >> can i just ask before we go, how did merit garland's hearing go? >> merit garland didn't get a hearing. >> correct. >> that was a supreme court appointment that i think was very important for the country. but how did the justice who got approved, how did his hearing go? a decent qualified wonderful guy who also was put through a very, very difficult hearing. and -- >> merit garland didn't get a hearing. >> and it's hard to find people who have done something in their lives, who have lived their lives, you know, a perfect unblemished record. sometimes people make mistakes. i think we need to get over some of that and get on with running the country. >> sometimes people make mist e mistakes, thank you. up next, bill cosby, found guilty on all charges of aggravated assault and now faces 30 years in jail. here's the question, will the icon ever see a day behind bars? we don't know. but we know the verdict very symbolic. when you can do it out there. with this clever little app called audible. you can listen to the stories you love while doing the things you love, outside. everyone's doing it she's binging... they're binging... and... so is he. so put on your headphones, turn on audible and binge better. that goes beyond assumingl pet ingredients are safe... to knowing they are. going beyond expectations... because our pets deserve it. beyond. natural pet food. this ijust listen. 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(avo) subaru outback. ninety eight percent are still on the road after 10 years. come on mom, let's go! we see two travelers so at a comfort innal with a glow around them, so people watching will be like, "wow, maybe i'll glow too if i book direct at choicehotels.com". who glows? just say, badda book. badda boom. book now at choicehotels.com you know what's not awesome? gig-speed internet. when only certain people can get it. let's fix that. let's give this guy gig- really? and these kids, and these guys, him, ah. oh hello. that lady, these houses! yes, yes and yes. and don't forget about them. uh huh, sure. still yes! xfinity delivers gig speed to more homes than anyone. now you can get it, too. welcome to the party. this morning, "the washington post" and "variety" are reporting new sexual allegations against longtime nbc news anchor tom brokaw. telling variety that brokaw, quote, tried to kiss her on two separate occasions. mr. brokaw denies the accusations and told nbc, quote, i met with linda vester on two occasions, both at her request, 23 years ago, because she wanted advice with respect to her career at nbc. meetings were brief cordial and appropriate. i made no romantic overtures towards her at that time or any other. a second unnamed woman said brokaw acted inappropriate towards her in the 1990s as well. brokaw says no such incident happened. a spokesman for nbc news declined to comment on the brokaw allegations. and bill cosby wakes up today facing 30 years behind bars. i'm 42 years old. this story, if you think back to your youth, it's amazing that this is bill cosby. a jury found the 80-year-old guilty of three counts of aggravated indecent assault against andrea constand. the verdict has been deemed one of the first major victories of the me too movement. joining me, midwin charles, attorney with midwin charles and associates. and margaret britto, founder of the britto agency. cosby's attorneys says he's going to appeal. at 80 years old, is that going to be successful? are we really just pushing off jail time? >> well, it's hard to say. as his attorneys, as you know, they are responsible for representing their client zealously and of course they're going to say they're going to appeal. he is 80 years old. right now, i don't know whether he'll get any jail time as a result of that. but of course, they're going to appeal. i definitely thought there was some very interesting calls during the trial that i think give them grounds -- like for example, allowing these witnesses to testify. in order for evidence to be admissible in trial, there has to be a probative value of that evidence. it has to be relevant to the allegations in that trial. but also there has to be a balancing test. that evidence cannot be overly prejudicial to the defendant. if you have four, five or 60 women testifying that bill cosby drugged them, assaulted them, very similar to the allegations in the criminal trial. one would say that is overly prejudicial. yet the judge allowed that testimony in and said it showed -- on the basis it showed a pattern. i think that is a ground for appeal. i don't know how successful it will be, but that is a ground for appeal. >> i want to talk about pattern, marvet, because it's not just that there was one or two women. there were dozens of women. it took the news stories pushing this for years for this to happen. so do you consider this a great victory for these women or the me too movement or is it simply not enough? >> it's a great victory for the me too movement. when you look at the previous trial and the fact they were unsuccessful. i believe the fertile environment of me too absolutely led to this outcome. i think that for years these women had to live about this pain, the pain of these allegations and the pain of these actions, and we're still living in this day, where men are not really owning and taking accountability the way they should. so i think that for him this is really a sad day for him and it's a sad day because we still see a defiant bill cosby. we still don't see a remorseful bill cosby. despite what he believes transpired, these women were hurt and we see him in court with his outburst, we see him in court in a way that is really symbolic of what women have been dealing with for decades. >> that's an excellent point. if you were advising bill cosby, if the goal as an 80-year-old is to avoid jail time, is it really about how he's conducting himself right now? if he showed remorse, he is a public figure who, for decades, was iconic, if he stood up and spoke and was remorseful, rather than practically go out of that courtroom swinging with his cane in the air and cursing at the prosecutor, is that the wrong thing to do? >> when you're talking about a man whose morals and values were a benchmark of aspiration. >> yes. >> for decades. >> this is heathcliff huxtable. >> absolutely. for us to see that behavior out of a man that is on trial, even if you go back and take some of that currency of what we believe you were, we need to see you be a bit more remorseful. at least take ownership for the fact you were a married man and these were still inappropriate relationships, at best, at best. >> that's a good point. >> what's interesting is the contrast of the image he portrayed. america's dad, a dad who could be trusted and loved and admired. >> with a career wife who was a doctor, five kids. >> in fact, that became his undoing because he sort of stood on this moral high ground and used to sort of chastise young african-american men for what they were wearing or their behavior and took this moral high ground. when the judge decided to unseal the transcript that was from the deposition he gave under oath. that was the rationale for the judge. thelisten, the request was filed by the press. the judge said, you know, we have this contrast where you have this sort of moral high ground and yet you have these very significant serious allegations. he believed it was in the public interest to release that transcript because of that dichotomy. so that became his undoing to a certain extent. that's why we're here today. >> last point? >> i hope we see a different bill cosby at the sentencing. i hope that he arrives understanding that we really need to hear from him and we need to understand. i think that will lead to healing. not only for him but also for the victims. >> unfortunately, i think we heard from him. he called the prosecutor a you know what. >> ladies, thank you so much. teachers, we got to talk about this, in two states, they're set to walk out of class for a second straight day. i want you to take a look at this incredible video from denver. thousands of colorado teachers marched in the downtown area yesterday, calling for higher wages. but this is what's so important. not just wages for them, for school funding for students. these are teachers who are reaching into their own pockets every day to bring supplies to their students. if you care about our future, you've got to care about education. a similar scene is playing out in nearby arizona. teachers in phoenix walking out of class with the same demands. i want to go straight to phoenix and nbc's gadi schwartz. you have been speaking to teachers there. you have teachers working full-time jobs and then working at mcdonald's at night. >> yes, that's right, stephanie. it's something we heard over and over again. it's something that the teachers saw happen in other red states. so we're talking about west virginia, kentucky, oklahoma. they saw what was happening there. they decided to make it happen here in arizona in an even bigger way. it was one of the biggest walkouts that we've seen so far. pretty impressive. just to give you an idea of the scope, it stretched from here at the state capital to chase field about two miles away. that's two miles of educators all marching together down the street and in that crowd you heard stories exactly like the one you said, teachers that are saying i work at macaroni grill to try to make ends meet. teachers demanding more pay, better pay. they want a 20% pay increase here in arizona. they also want $1 billion restored to the educational system. and they also want to see smaller class sizes. this sounds like a lot, but it still wouldn't bring them up to the national average. and in that crowd of people we just heard that over and over again. teachers working two jobs. in fact, we met the miller family after we saw a teenager holding a sign asking why his dad had to work two jobs just to teach. take a listen. >> my dad works two full-time jobs. he's been doing so for ten years. and he just doesn't make enough money teaching so he has to work two jobbings. >> i got into teaching. i knew i wasn't going to get into rich. there was a horizontal pay raise and that's been frozen for the whole time i've been teaching. the idea was get out of the second job and make a living teaching but that doesn't happen. >> what's your second job? >> i work about 30 to 40 hours as a waiter at an upscale restaurant where i make twice as much money as i do teaching. >> making twice as much as he does teaching, teaching science to seventh graders. so it's just one of the stories we're hearing. the teachers demanding that 20% raise. the governor here says he will give them that 20% raise over the course of three years. but teachers just do not trust the math on the revenue projections for that raise. so they're continuing to protest here. and even more so, they say they want that education funding restored so that $1 billion is still on the table. it's unclear when the teachers and students are going to head back to class. >> when i think about some of the people i am most grateful for in my life today, it's the people teaching my kids every day. it is such an important job. and we need to encourage people who want to go out there and get into education and be able to support themselves in doing so. coming up, a motive has become clear in monday's horrific van attack in toronto. the alleged attacker, are you ready for this, claiming he wants to start an insal rebellion. what is insal? it's going to blow your mind, please stick around. when i first came to ocean bay, what i saw was despair. i knew something had to be done. hurricane sandy really woke people up, to showing that we need to invest in this community. i knew having the right partner we could turn this place around. it was only one bank that could finance a project this difficult and this large, and that was citi. preserving affordable housing preserves communities. so we are doing their kitchens and their flooring and their lobbies and the grounds. and the beautification of their homes, giving them pride in where they live, will make this a thriving community once again. ♪ we see two travelers so at a comfort innal with a glow around them, so people watching will be like, "wow, maybe i'll glow too if i book direct at choicehotels.com". who glows? just say, badda book. badda boom. book now at choicehotels.com put down your coffee, sit down, please turn up the volume. we are learning disturbing new details about the man accused of running over pedestrians in toronto and it involves a dark cyber underworld promoting and celebrating acts of violence. authorities tell nbc news 25-year-old alec man nasen appears to have posted a facebook message before the attack linking him to a toxic online community called insells, short for involuntary celibates. basically guys who can't meet girls. that's what that means. a new nbc news reports, self-described incels congregate mostly online, meeting in for rums and message boards to discuss their hopelessness with women in posts that are peppered with racist and misogynistic rants. joining me are the authors of this article, nbc news reporter brandy and ben collins and along with dr. way, professor of psychology at nyu. brandy, to you first, because the incel community was quick to praise him, calling him a hero. who are these people? >> thousands of very lonely sad confused sometimes violent young men who gather and congregate online to talk about their woes. >> but there's a huge difference between being a sad young boy and there are so many of them and turning violent and hateful. >> right. >> so what happens is there's usually sort of a trend. when someone enters in, they're googling how to pick up girls. they might find the pickup artist industry. they mind p might find this particular group of incels. they say me too. what comes from that is several posts later it's these women are to blame and several posts later it's the men that they date, the attractive men, the sometimes men of other races. like everyone else is to blame. so what that does is it starts growing this hatred. it turns from south loatelf-loa outward hatred. that's where they all congregate and cheer lead each other and say you should do an elliott roger and that's where it gets scary. >> i want to talk about elliott roger because it was reported in his facebook post he's admiring elliott roger. a guy who's an inspiration for incel community. >> elliott roger killed a bunch of people in california a few years ago and posted this man festo before he did it, blaming essentially women, the fact he can't, you know, have sex with women because they don't find him attractive or specific kinds of women. it was a very long manifesto. ever since then, people in this incel community, or just toxic communities online, 4-chan, places like that, are hailing him as a hero. there was a guy who shot up a school, killed a couple people there. before he did it, his user name on the internet was elliott roger. that's where we're at. in florida, the parkland shooting, same thing. this guy pledged allegiance basically to elliott roger. so he is there, you know, he is their hero. this is a, like, very -- like it's a diaspara but it's a charles manson situation. >> how on earth did we get here? when we think about these school shooters, we immediately think how awful it is for the victims. what is the path that got them to such an awful place in an empowered community? >> it's actually a very simple story and it's interesting because if you go back earlier years, even rogers, which i followed as well, is you find these young boys, this is true in my research of boys of 30 years, at 11, 12, they're talking about their desires for friendships,er there wanting to be close with other boys as well as girls. >> it's such a confusing demoralizing -- middle -- every one of us thinks of middle school and it pains you. >> yes. so what happens is they're in a culture unfortunately and this is a sort of classic clash between human nature and modern culture. which is human nature is we're social animals, we need to be together. then we're in an american culture that, you know, tell us that we don't need relationships as much as, you know, we focus on the self rather than riches. we perpetuate gender stereotypes that suggest that boys don't even need relationships as much as girls do, that loners are sort of normalized when, in fact, they're in total agony. elliott rogers said in his videotape he made just before he shot all these people and the horrible event, he said this is against all you humanity who's let me rot in my own loneliness. that's an extreme version. in some ways, that's what boys have been telling me forever, which is essentially that when they start to struggle to have friendships and have close connections, that they feel abandoned in their search and they feel abandoned, as if they want that, they're sort of loser and they're needy -- >> the sick thing, that loneliness is what binds them because of the web, because of social media, is that what actually empowers them to become this militia-type group of hate? >> imagine if you made an entire identity out of being rejected when you were 13. that's basically what's happened. they find this toxic community. there are no success stories. people go to these forums. you know, they were rejected at 13, 14. i'm too ugly to, you know, participate in society. and everyone's like, you are too ugly, you should take it out on people. >> that becomes their tribe. >> that's what i was going to say. >> once some people make it out of that, but they don't come back to an incel forum to say i got a girlfriend, i got a job everything's fine. >> it's an extremist group. >> it's like isis. >> but hating women. >> okay, but think about that. if the group -- if the chats that manasan were on last week were isis chats, if they were labeled sis, not incel it would be the only thing we're talking about, it would be the number one thing on president trump's agenda. >> that's right. >> instead, we keep pushing this and the school shooters off. well, nobody wanted to go to the prom with them so they just shot up a school. isn't it just as dangerous? >> absolutely. the thing is we have to take the simple fact we know from the research that humans need relationships to thrive. that's a simple fact. and we live in a culture, a modern culture that increasingly doesn't value that and increasingly doesn't take that seriously. if we neglect that, they find the connection the way they can find the connection. you get that with people who join gains. you get that with people who join these very sad violent communities. because they're looking for connection in some twisted way. they're actually finding it, which is the sad part of the story. >> you see for example like the fbi will come to these people's houses. that new mexico shooter i was talking about. they'll come to these people's houses and then they'll say i was just trolling, don't worry about it, it's fine. then a couple weeks later, it turns out they weren't trolling. with isis, you can track these people. they're usually american citizens, american white guys sitting around on a computer and the fbi determines it's either not worth it or not legal. >> at some point what can you do? the new mexico shooter, the parkland shooter. you're not the thought police, right so what can you do? what we can do is the social media companies, you know, reddit, they can monitor these. they want wipe these people off the platform. research has shown that when you wipe these people off the platform, it dissipates. >> they'll find something else to do. >> in some ways, we start too late -- >> in great britain, they now have a minister of loneliness to address this specifically. >> there you go. what have you to realize is young boys from 8 to 14 are very clear that they want these connections and they're trying -- as we all know, it's hard to make a friend anyway. it's really thinking about how parents and teachers way earlier than it gets to the point that's it's essentially a sign of mental illness in term also of helping them connect. not just with girls, but really with other boys. that's what boys are mostly asking for, especially when they're younger. they often find very destructive ways to connect. >> doesn't this come from a much higher level? this is about decency and kindness. and we're currently living in a bully-centric culture where the leaders of our country are, you're a loser, you suck, you're a wimp. >> that's right. the interesting thing is when you make -- when you change the message to actually value kindness, empathy, relationships, connectedness, it has a whole impact. we have all sorts of countries to give us an example. when you change the leadership so that's valued, you see it have impact across the country. >> when kevin love from the nba came out and wrote that piece about anxiety, i have an 11-year-old. that was huge when the rock was talking about depression associated with his mother and family tragedy. that's what's going to change it for these young kids. can you talk about the code names that the insucel communit has? because to say this is just a one-off is understating this. talk about the lexicon. >> chads are people who are valued by women and their community. and stacies are attractive women. they call them these things and, like, this is not close to a one-off. >> how many people are on these boards? >> it's thousands. >> thousands. >> yes, exactly. redd-it for example reddit tried to ban one of the incell community last year. and then they have a new one. so these will continue to pop back up. i said the interesting thing is the just generality right communities. these are gateway drugs to other kinds of hate. these bring you white sue prem sis macy. >> you're absolutely right. but, again, it's understanding that these connections are desired for connection and masculinity and they're getting in the way and telling them they shouldn't desire that and then they seek it in very destructive ways. >> every day in our lives we need to be a little more kind and we need to offer a whole lot more love. it's a verb put actually have to do it. thank you all so much. we have move on because we have breaking news from capitol hill. house intel committee has released a report on the russia investigation. we're live from the hill. miguel, what do you say? >> reporter: this is the latest chapter in what has turned into quite a saga in terms the house committee russia investigation. they go to last month, march 22nd to release this final report which, as we know, because the president has cited it quite free kweptdly since then cite found there was no collusion between president trump and his campaign and russian officials. what happened today is we've now received back a declassified version of the report. it's 253 pages. we're just getting it in now. but based on what we know from some of the top line sextsds, some of the most controversial findings we'll hear more about involves this question of whether the committee and the republicans on it are finding that -- that the trump campaign -- that russian officials saw the to actually help the trump campaign gnat was a key debate that even among republicans on the committee was a source of tension. there was this semantic game of whether or not they were trying to hurt the clinton campaign or help the trump campaign are tripped them up. it was also an interesting finding as it relates to the efforts on the part of the trump transition team to develop a quote unquote back channel with russian officials in the is something that has been denied by trump officials. but the house republicans and the majority on this committee, they actually use the idea that the trump zrition u transitithiy have been trying establish a back chan they'll noel prove their main argument which was there was no collusion with them in the campaign. if they were trying to establish a back channel during the transition, it proves that there fwho was no relationship between the two during the campaign. that's a curious finding that gives validity to something that trump officials have rejectsed. there's also some findings we know in this report that cast blame on the obama administration for failing to notify properly the public about the extent of the threat, but also they say in this report that they did not notify the trump campaign that some key officials including carter page, a foreign policy adviser, and michael flynn who of course became the national security adviser in the white house were the subject of scrutiny of a counterintelligence investigation by the fbi. i should note one of the things i'm looking forward tore reading more in detail as we have some time today, the democrats have released what's called minority views. we've heard a lot of complaints from democrats about the process about how the house republicans who tlrun this committee have refused to interview witnesses and share documents that would shed more light on whether or not there was collusion in this campaign between the trump campaign and the russians. those process complaints are going to be put into a lot more confext. there's going to be, as i understand it from my sources a lot more detail to back up their assessments, their public comments that suggest there may be more of a link here than republicans are willing to acknowledge. >> wow. this story is that. before we go quickly walk me through, this is the house intel report. who else still haven't we heard from? because your average person might say we're not colluding with russia, we're all done. >> the house intelligence committee has been investigating russian interference since march of last year. they voted last month to end their investigation. but you're right to point out that there still be investigation dollar investigations ongoing in the senate. there's been a lot less of the infighting that we've seen on the house side in that investigation. we don't have a timeline on when they expect to release it. they did release ann theorem report on the elections. they think the public and states need to be doing right now to secure our election processes for the midterm elections. it seems they have been moving towards trying to conclude their investigation, but we haven't seen it yet. they're going to still have more to say. >> all right. we'll have a lot more go through because this report is more than 250 pages. mooi they're going through and it we'll have much more at the top of the hour but right now we'll take a turn. we can't leave a show without money power politics. amazon starting off on a high note. on thursday the company reported its best revenue growth in six years. the online shopping site also doubled its quarterly earnings topping $1 billion for the second straight quarter. the 33% revenue surge comes despite the company being hammered by president trump in recent weeks and just learned the first quarter gdp is up 3.2%. we have the author of the new book the capitalist. what do you make of first quarter growth and what does it tell us about second quarter? >> well, it's certainly better than expected. analysts expect about 1.8% growth rate in the first quarter. year-over-year growth is 2.9%. inflation's ticking up a little bit. the economy's actually running fairly hot. when you talk to manufacturers, when you talk to a lot of different industry executives, we're seeing a shortage of workers, not a lot of labor market wage pressure, but we are seeing that the economy appears to be firing on all cylinders. it may not feel like that to some people, but certainly anecdotally and statistically that appears to be the case. we're not hitting that growth rate by the administration. first quarter has typically been the worse the for a couple years now but this is better. it might also push up interest rates which could be problematic down the road. >> and the economy looks good on all fronts, but not to all people. and i bring up that forgotten american. why do you think we're still not seeing wage pressure? >> i think you will. i think when you and i would talk during the obama administration we'd talk about how the people are dropping out of the labor force and they were working part time jobs, they were working in restaurants at entry level positions trying to support families. what's happened over the past 16 months, and think these gdp numbers show it as ron said, we're close to 3% and this is the first estimate. if it goes up to .3% as fourth quarter did we'll be at 3%. what you're seeing now is unemployment benefits at 44 year lows. 6.2 million job openings, which say historic high, and more people working than have ever been employed before. you should very soon see a significant impact to wages. they were up about 2.7% according to the release this morning over the last 12 months, which is a many reason ye-year . it's something i cover at length new jersey my book which i hope people will buy and read, but the sec on fire and it's turned in 16 months from where we had an economy where workers couldn't find jobs to an economy where the biggest problem is that employers can't find enough workers to fill good-paying jobs. >> we need to make -- >> we should be able to feel that. >> president obama took us on a slow and steady increase since the financial price crisis. no doubt the cause of deregulation and the tax cuts and overall president trump's salemanship we are seeing positive sentiment in business. but to say that we were suffering 16 months ago and now the party is here again is not a great description, would you say, ron? >> here's the thing. the global economy began a synchronized recovery in august of 2016 before the election. and so some of what we're seeing is the result of accelerating global economic growth. the tax cuts are interesting insofar as they haven't really necessarily yet pushed the economy towards a trajectory of greater than 3% growth. it's been a benefit to businesses, to corporate profits. the real question i'm looking at right now is whether or not the economic cycle is peaking. rail rides are paying 25,000, $30,000 bonuses to come work for them. we'll have to see how the fed views this. do they look at this and say we're starting to overeat and we have to raise rates more? are they going to let this economy run hot for a period of time so more people can enjoy the benefits? >> andy, what's your take on the amazon boom? it's a great american business story but has amazon's success caused the failure of others? we know it's not a favorite company of the administration. do you view it as a positive? >> look, i think amazon's been a positive for the peck the i think it's been a positive for consumers. what i'd like to see with amazon is i'd like to see a competitor. i'd like to see somebody like walmart step it up so it isn't just walmart out there the by itself in the is sort of the end of late 1800s, 1900s with the sears catalog that took over retail in the united states. amazon's done that. people need to step up and compete and i think it will be even more of a benefit to the u.s. >> hard to compete with amazon given the infrastructure they've built up. >> it is difficult. >> and we know where sears is now, nowhere. thank you so much. we are out of time. i don't have time for news reels, i'm going to have to give it to you online. but today after this week we could certainly use some. we always can. have a great weekend. i'm not going to be here at 11:00 i've got a kid's show go to. i will see you monday and all day long on twitter. right now, more news with my friend hallie jackson. we have a show four because happy breaking news friday. within the last 20 minutes, a new russia report is out. one of them at least. the once in the house intel committee releasing the declassified investigation its findings. we've got our teams pouring through all 250 pangs right now. we'll give you a live reported. on the other side of the world, ida

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Transcripts For MSNBCW The 11th Hour With Brian Williams 20180502

colleague report that robert mueller has raised the possibility of a presidential subpoena with trump's legal team. that gets your attention. they write, quote, in a tense meeting in early march with the special counsel, president trump's lawyers insisted he had no obligation to talk to federal investigators, probing russia's interference in the 2016 presidential campaign. but special counsel robert mueller responded that he had another option if trump declined. he could issue a subpoena for the president to appear before a grand jury according to four people familiar with the encounter. mueller's warning, the first time he has known to mention a possible subpoena to trump's legal team. this isn't some game, dowd said, with two people with knowledge to his comments. you are screwing with the work of the president of the united states. in the wake of the testy march 5 meeting, mueller's team agreed to provide the president's lawyers with more specific information about the subjects that prosecutors wished to discuss with the president. with those details in hand, trump lawyer j.sekulow compiled a list of 49 questions the team believed the president would be asked, according to three of the four people who spoke on condition of anonymity because they were not authorized to talk publicly. the new york times broke the store tri of the existence of this list late last night. we covered it on this broadcast. this new reporting from "the washington post" adds more insight into how it was created. the "post" article also has more on the is discussions, shall we call them, between rudy giuliani and robert mueller. quote, last week giuliani met with mueller. giuliani convenyed the ongoing resistance of trump and his advisers to a sit-down, but did not rule out the possibility. still, the post says here, trump remains strongly opposed to granting mueller an interview. resistance fueled largely by the raids last month on the office and residences of his personal attorney, michael cohen. that is new. so far trump has publicly, at least, seemed willing to speak with mueller. >> would you be willing to speak under oath to give your version of -- >> 100%. >> are you going to talk to mueller? >> i'm looking forward to it actually. >> mr. president, would you still like to testify to special counsel robert mueller, sir? >> thank you. i would like to. >> also tonight the special counsel now says he needs more time with cooperating witness michael flynn. the former trump national security adviser who pleaded guilty to lying to the feds. in a joint filing, mueller's team and flynn's defense attorneys have asked a federal judge to give them another 60 days before they schedule flynn's sentencing. they're basing that request on, quote, the status of the special counsel's investigation. now, importantly, earlier on this network, two experienced former prosecutors said this is an indication the investigation isn't wrapping up anytime soon and that flynn's cooperation appears to have been vital. >> it's been fruitful, and they want more stuff, and they need more time. >> this is not good news for donald trump. what they are looking to do is bring a major indictment in which flynn is going to be one of the star witnesses. >> well, that as they say gets your attention. and let's bring in our leadoff panel for a tuesday night. one of the two reporters who broke tonight's big story, robert costa, national political reporter for "the washington post," moderator of washington week on pbs in his spare time. julia ainsley, nbc news national security and justice reporter. and former u.s. attorney joyce vance, who spent 25 years as a federal prosecutor. robert, you get to go first. set the scene. march 5th. the principals, the dynamics, the backdrop and what ended up happening. >> what a scene. mr. mueller is someone who is known to be so careful with his words, as a meeting with the president's legal team. and they're having negotiations, tense negotiations about a potential presidential interview. and as the president's lawyers continue to balk at the suggestion and say they need to have more information, mr. mueller brings up the possibility of a subpoena. and that gets set -- the president's then lead lawyer snaps back, you're messing around with the president of the united states. and that led to the mueller team to provide information to the president's lawyers about the areas of interest of the probe, which then led mr. sekulow, the president's current attorney, to compile a list of potential questions that the legal team views as things mueller could ask. >> so this list started life as kind of the areas well known to mueller and his team that they would obviously want to take the president to during an interview. >> it came -- the information from the mueller team came from after that march 5th meeting. that meeting revealed to both sides that they weren't going to agree on an interview, at least not yet. and you have mueller and his prosecutors and his investigators trying to prod the president and his attorneys to agree to an interview, to not just have written responses to questions but to sit down and to explain the president's intent on many of these decisions over the past year. >> joyce, you get two legal questions to start off. you get to tell our viewers whether it is possible whether we think in the confines of law in 2018 to successfully subpoena a president. and part two of the question, would mueller have had to have gone in there with at least the tacit approval of rosenstein at doj? >> it seems clear that doj believes that doj can subpoena a sitting president, and it's extremely unlikely, brian, that mueller would have gone in and would have discussed the topic of a subpoena with the president's legal team without mueller's -- without, rather, rosenstein's explicit approval for doing it. it's the sort of significant step in a very significant case that prosecutors don't really take without thorough consultation. i remember an earlier attorney general who once told his u.s. attorneys that he didn't want to hear about major steps in a case for the first time on the front page of "the new york times," that he wanted them to be thoroughly vetted inside of the justice department. i don't think that that policy has changed any. >> julia, where do we think rudy and mueller stand in their on again/off again talks about the confines of an actual interview? >> i'm glad you asked that question because what we're looking at in the meeting that robert's talking about in his great reporting is a meeting that happened march 5th. that was before the early april raids on cohen's apartment. that threw everything up in the air, brian. we reported after that the president did not want to sit down for an interview, and he brought in a new legal team. he got rid of john dowd. he brought in rudy giuliani. and what we understand now from our reporting just today is that this new legal team is still trying to sort of get a hold of all of the pieces. they're reviewing documents. they can't come in cold and expect to know everything that the last legal team took months to understand. so there's a new path here. there could be new negotiations. there could be new questions that have come up for mueller over the last month or two. now giuliani will be reviewing those. from what we understand, a lot of the concern has shifted away from exactly what mueller wants to ask and into what might be coming out of these new york raids. if there's new information that cohen could have exposed to mueller that could then be on his radar, which would be separate from the questions that we've seen in the last 24 hours. >> and, robert, let's go a little bit further on cohen and trump. a lot of people were stunned to see the front page of the "national enquirer," a hit piece on cohen, knowing that the central decision in cohen's life here very shortly is going to be whether or not to switch teams, flip, and work for the feds. they're preemptively saying, in the words of people who seem to know about the derivation of this cover story, this is just a hint of what we could do to you. this is bruno tattaglia material here, bob. we knew from the president's face when cameras came in the day of the raid, this had been like an atomic bomb going off in the west wing. >> love the godfather references, brian. you look at the transition. there's been a transition between march, april, and now may. back in march, this is before the cohen raids. the president's talking with his attorney, ty cobb. the president is saying publicly he wants to do the interview with mueller. ty cobb is encouraging of the interview with mueller. john dowd is not. he then resigns amid those discussions. then the cohen raid comes, and the president moves away in april from being game, at least publicly, to doing the mueller interview, to saying, wait a minute because of all the things you just mentioned. the cohen raid raised a lot of red flags inside the white house. what does the federal government have in terms of materials. that cohen raid has pushed the president away from the interview, and that has vexed the mueller team because they need this interview at this moment. >> joyce, i had a surrogate for donald trump on cable television tonight say a legal battle wouldn't be the worst thing because the american people would kind of know that it's in the courts and proceeding at a molasses pace while the trump presidency continued. my question to you is does it look to you now as of tonight that that is indeed where we're headed, that maybe a subpoena, maybe that becomes a test case. get it through the u.s. court of appeals. get it before the supreme court perhaps before we're all done. >> it could possibly play out in that kind of a long, you know, dreary legal proceeding. but one fact we should not lose sight of here is this is a tough choice for the president and his legal team. if they decide not to accept mueller's kind invitation for a voluntary interview and go the grand jury subpoena route, that means the president, under oath, in front of a grand jury, without -- well, he won't have his legal counsel in there with him. he can leave the grand jury room to ask questions, but he's in there alone with two probably very skillful examiners, robert mueller and andrew weissman, who both can create a rapport with the witness. if they agree to the voluntary interview, then the president is sitting with folks on mueller's team with his lawyers sitting alongside him. although both courses are risky, given that one or the other is likely to occur, that voluntary interview may be the better choice and may mean that we won't see a long, drawn out legal struggle here. >> i think calling mueller and weissman good interrogators is perhaps polite understatement. bob, i'm going to do a two-pronged attack, you and then julia on this next question. that is you've reported this week on these memoranda, articles of impeachment to be potentially rolled out against rod rosenstein by some conservative republicans in the house. tell us the background and at the end of that, i'm going to show folks what rosenstein said about this on his own behalf today. >> i don't want to spoil it, but he fought back against these house freedom caucus member who's were coming right at him. it's an inside baseball congressional issue in a sense. there's a battle over documents, about whether the department of justice is providing congress with enough documents related to the russia probe and a few other federal investigations. mark meadows, the republican from north carolina, he's very fed up with rosenstein. remember, meadows matters because he's a close ally of president trump. they speak near daily some weeks. to have meadows leading this crusade in the house against rosenstein over documents, but really the bigger cloud over this whole discussion is the mueller probe because rosenstein oversees that. >> so let's set the scene. i don't want to steal our own thunder. we have a whole segment on rosenstein later. but he appeared today at the newseum in washington, d.c., a harvard educated lawyer. he's worked for three different presidents. he's been u.s. attorney in one of the tougher postings in this country up in baltimore, and he was talking about the attacks on him. he was asked about this possible case of impeachment. here's his answer. >> i can tell you there have been people who have been making threats privately and publicly against me for quite some time, loved and i think they should understand by now the department of justice is not going to be extorted. >> so, julia, not a shrinking violet. do you think, like a good police officer, he had backup prior to making that pronouncement, or does he have, as lawyers say, reason to believe that there are people with his back at doj down the road? >> well, i mean i think he hit it on the head. he's been threatened publicly and privately. i've spoken to people close to rosenstein. obviously we know the public threats. it's come from the tweets of our president. but there have also been people privately. there are people that could send him e-mails, could be threatening him, threatening his family. he's someone who has said, here i stand. it's that martin luther quote that wherever the political chips will fall, here i stand. but it's sort of this interesting way he's having it both ways right now because he is giving congress a lot of documents that a lot of people would have expected a deputy attorney general to withhold, saying that these were private and shouldn't be turned over to congress, expecting him to fight these battles. but at the same time, he does something like agreeing to fire jim comey, something that the president would have wanted, you know, while at the same time giving more scope to mueller, presumably allowing him to make that subpoena claim. so he seems to be someone who wants to hold on to his job and is trying to kind of play both sides. but what's coming to a point and he's drawing a line in the sand, saying, i've given you everything to these conservatives in congress, but you can't just extort me. you can't start drafting impeachment when i've been fully cooperative. i thought we saw a rosenstein today with more of a backbone than we've seen in a long time. he's actually responding to report reporters' questions. as reporters who have been in those audiences, i wish he would have given that response a long time ago. >> that was the best explanation of what we witnessed today that i've heard all day. our thanks tonight to robert costa fresh off his page one victory, julia ainsley, and joyce vance. really appreciate it, guys, for coming on tonight. coming up, remember the doctor with the, shall we say, memorable hair who said trump would be the healthiest individual ever -- yeah, him -- ever elected to the presidency. the same doctor who said he gave trump medication for hair loss. that doctor says trump's guys blew in the door and raided his office looking for the president's medical records. that's one story. then later it's the question the president apparently asks all visitors these days. how do they think the midterm elections will go? get the drummers back on the job. there they are. steve kornacki at the big board with a reality check on 2018. 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[ child offscreen ] hey! let's basement. and thanks to these xfi pods, the signal reaches down here, too. so sophie, i have an xfi password, and it's "daditude". simple. easy. awesome. xfinity. the future of awesome. doctor, his personal physician here in new york, dr. harold bornstein, tells nbc news that in february 2017, trump's personal bodyguard and a trump organization lawyer showed up at his office just after 7:00 a.m., took all the president's medical records. in an exclusive interview with nbc news, the doctor describes this incident as a raid. >> what exactly were they looking for? >> all the medical records, his pictures, anything they could find. they must have been here for 25 to 30 minutes. it created a lot of chaos. i feel raped. that's how i feel. raped, frightened, and sad. >> bornstein believes he is the victim of a theft here and that the crime was committed in his office. he believes the records were raided because he publicly mentioned, as "the new york times" reported in its headline at the time, that he prescribed propecia to the president to promote hair growth. it did raise ethics questions at the time, and apparently really angered the president. >> i couldn't believe anybody was making a big deal about a drug that's to grow -- to grow his hair, which seemed to be so important. and it certainly is not a breach of medical trust to tell somebody they take propecia to grow their hair. what's the matter with that? >> they even took pictures of donald trump off the wall in his office, took them with them. white house press secretary sarah huckabee sanders addressed the story of the doctor's office raid in today's white house press briefing. >> why did keith schiller, who was a white house employee at the time, go and take medical records from the president's personal doctor last year? >> as is standard operating procedure for a new president, the white house medical unit took possession of the president's medical records. >> it was characterized as a raid. is that your understanding of what happened? the doctor seemed to be pretty upset about it. >> no, that is not my understanding. >> you may recall it was this dr. bornstein who publicly issued a letter december of 2014 in which he said candidate trump's recent lab results were, quote, astonishingly excellent. the letter went on to draw a conclusion that was both nowhere close to the truth and impossible for dr. bornstein to assess. it was this portion that got the most attention. quote, if elected, mr. trump, i can state unequivocally, will be the healthiest individual ever elected to the presidency. now, over two years later, dr. bornstein told cnn tonight candidate trump dictated that letter over the phone himself. >> i will also tell you that letter that showed up in the "times" about his health, he wrote himself. you know that. >> yeah. >> he wrote it himself. and me, from where i come from, the end of it was just black humor. it wasn't meant to be a serious comment. i guess people don't have that sense of humor. >> yeah. >> but i get that sense of humor. >> make no mistake, this is a man's life work and practice. this is a drama, not the comedy it appears to be to so many people. for more, we're joined tonight by matthew nussbaum, white house reporter for politico and jonathan lemi re, white house reporter for the associated press and an msnbc political analyst. man, matt, i just need to hear you out on this. what strikes you about this story and the white house saying that, you know, standard operating procedure? it can't be to enter an office like this and seize records. >> right. we're almost beyond parody here. and the saga of donald trump's run and his presidency have brought a lot of interesting and sort of eccentric characters into american life. but dr. bornstein does seem to sort of stand in his own category in all of this. of course it is not standard operating procedure to send a lawyer and bodyguard from your private organization to your personal physician's office shortly after 7:00 a.m., unannounced, to seize records and take pictures off the wall. the idea that that's somehow standard is beyond the pale. if there are any lessons to be drawn from this beyond just the bizarreness of it all, i think it is sort of the worthlessness of donald trump's loyalty. here's a guy who has been his doctor for 35 years or so, and then he says something to the "times" about hair growth medicine, and trump abandons him, says, you're out as bornstein said later in that interview, has his office raided, takes the records, all of that. i think if michael cohen is watching this, he should be aware that donald trump, while he demands extreme loyalty from everyone around him, is not showing that in return. >> jonathan lemire, a couple points here. a sort with intimate knowledge of the president tells me he has extolled the virtues of propecia to friends for years. so it's not the taking of the medication he objects to apparently. keith schiller went into that office with the title head of oval office operations, something we were unfamiliar with, we watchers of the presidency. he's retired navy, retired nypd, and the body man, the bodyguard for donald trump, who made the move to washington, has since retired in florida. talk about the optics of any and all of this. >> that's right. well, on one hand, it is dr. bornstein is sort of the return of a beloved supporting character from an early season of the trump -- >> yeah. >> but there is a little bit more to that. first of all, this is yet another claim of -- this is another doctor who has made claims about the president's health that appear to be pretty discredited. it is outrageous to suggest that he is, as you indicated -- that donald trump is the healthiest person, unequivocally, the healthiest person ever to hold the office. this judgment would have no way of making that judgment. a lot of questions have been raised about dr. ronny jackson for also making similarly inflated claims, the belief is, about this president's health from the white house podium a few months ago. but there's also more than that. this is a sign again of sort of heavy-handed tactics used by trump and his crew. there's some dispute about who these records belong to. the suggestion is usually the sense is they belong to the physician but a patient can request copies. that's normally the procedure in most states. >> yeah. >> here, though, they use this sort of early hour raid, you know, with a threatening -- you know, two hulking men apparently and a lawyer sort of remind people of the same tactics the president has used, michael cohen used perhaps on the president's behalf with other cases, threats made to reporters, threats made to women, threats made to stormy daniels. and that's sort of evoking this again. this idea that this is a president who perhaps uses unsavory tactics to get what he wants. >> yeah. i'm also told that the doctor wasn't yet in that day. it was a receptionist and apparently a lone patient there in the office. and, matt, i have heard already speculation tonight. it's the superlatives that ronny jackson used in that now famous briefing from the white house press room that have people thinking back and asking -- well, go ahead and ask the question. i don't think we have an answer. could it be the president having gotten to his family doctor, dictated the statement released to the public about the health of candidate trump -- could it be that the president was able to get to a walter reed physician and kind of dictate how to talk about my health in public? >> it certainly raises that question. i mean we know that donald trump likes to use that kind of language. everything has to be the most extreme, the most grandiose. i think a few weeks ago the idea that dr. ronny jackson would have, you know, kowtowed to that would have been questioned. but obviously what we've learned in recent weeks about some of these questions about dr. jackson i think certainly make that a legitimate query. of course i think anyone who read that letter from dr. bornstein is not at all surprised that the president had some hand in, you know, calling himself the healthiest of all time. that is a very trumpian statement. >> and that picture we're showing right now, that's no longer in the doctor's office. they took that too. they took it off the wall. jonathan, to go back to the west wing for just a moment, it was just yesterday the kelly story was broken by nbc news. the quotes attributed to him about the president, and a lot of us thought in the moment, to quote a great film, pauly, won't be seeing him no more. we didn't think john kelly would last long. do you have any updated reporting on the relationship between these two men? >> some. we at the a.p. have matched some of the reporting in terms of what some of the derogatory terms chief of staff kelly has used to describe president trump to others in the west wing. we know that the president has floated the idea to people around him perhaps of moving kelly to the veterans affairs department. the position is now vacated because dr. ronny jackson won't be getting that post. his nomination is withdrawn. people close to kelly have said he won't accept that. sarah sanders from the podium today said also this is a non-starter. let's be clear, the mount often floats job ideas to people without following through. kelly still has a position in the white house tonight. people around him have suggested that there is still a relationship there, that it's perhaps not irrevocably broken. there's no question the president's frustration with kelly has grown considerably in recent weeks and months from his handling of the rob porter affair to kelly's suggestion on fox news that trump was going to flip-flop on the wall, something that still bothers the president nearly four months after he said it. this chief of staff's influence in the west wing has diminished considerably. the reporting the last day or two probably will only shrink it further. as one person in the west wing has told me in the last 24 hours, kelly's days are numbered. it's not a question of if. it's a question of when. >> two guys who do a great job of covering this white house, matthew nussbaum and jonathan lemire, thanks. coming up, is donald trump right to be as optimistic as he is about gop chances come november? steve kornacki at the big board with the numbers when we come back. ♪ when i first came to ocean bay, what i saw was despair. i knew something had to be done. hurricane sandy really woke people up, to showing that we need to invest in this community. i knew having the right partner we could turn this place around. it was only one bank that could finance a project this difficult and this large, and that was citi. preserving affordable housing preserves communities. so we are doing their kitchens and their flooring and their lobbies and the grounds. and the beautification of their homes, giving them pride in where they live, will make this a thriving community once again. ♪ >> we're going to win the house. and you know what? we're going to win anyway. we're going to win the house. we're going to win the house. now, historically when you win the presidency, the person that wins, the party that wins does poorly in what they call the midterms. we got to go out, and we got to fight like hell, and we've got to win the house, and we've got to win the senate. and i think we're going to do great in the senate, and i think we're going to do great in the house because the economy is so good. >> let's talk about expectations management here. at that campaign-style rally over the weekend in michigan, president trump expressed confidence about the outcome of the midterms as you heard him there, favoring the gop despite white house controversies and several special election losses and disappointments. "the new york times" reports the president's, quote, privately rejecting the growing consensus among the republican leaders that they may lose the house and possibly the senate in november, leaving party officials and the president's advisers nervous that he does not grasp the gravity of the threat they face in the midterm elections. congressional and party leaders and even some trump aides are concerned that the president's boundless self-assurance about politics will cause him to ignore or undermine their midterm strategy. we thought the best way to cover this was with our best guy at his best board. so steve kornacki is at the big board tonight with a look at what that will tell us about what's coming up. hey, steve. >> hey, brian. yes, republicans are getting nervous. they're nervous about their prospects. they're nervous, they say, about maybe the president doesn't see what they're seeing. we want to take you through what we think is sort of at the heart of this disconnect. so first of all, republicans like paul ryan, like mitch mcconnell, the establish. what is it exactly what they're seeing when they look at the midterms. they're looking at a low approval rating for donald trump. we know this. he's at 42%. he's been around there for a while. that is the hit zone historically for a president in the midterm to lose a lot of seats. trump 42, that mid 40s, high 30s, that has translated into mega losses in the past. the number here, 23. that's all the republicans can afford to lose. certainly historically, he's already in that hit zone. what else do republicans see? special election results. look at this, five times now since trump has become president, we've had special elections for the house, for congress here. and democrats have saved at least 15 points off the trump margin in these districts. they haven't always won them, but they've gotten a lot closer than these districts were in 16. that kind of movement, if you see it nationally, boy, that is a sign of a wave. that's something else republicans are seeing. just that question of the generic belt. you ask folks in the poll, which party would you rather see? which party you want to vote for in the race for congress? democrats are up seven right now on average. that's right where democrats would want to be. so those are the sorts of things that republican leaders are seeing. we said what's at the heart of this disconnect? what is trump seeing that is different than all of this maybe? i think it might be something along these lines. all of these headlines right here are from the stretch run of the 2016 presidential campaign. think about this for a minute. he was behind hillary clinton when it came to money. he was doing terribly in the polls, the most unpopular candidate. remember this? his poll numbers collapsing. remember that? supposedly his own party, conservatives were turning against him. his campaign was in disarray. he didn't have the infrastructure. he didn't have the leadership. he didn't have the management. the ground game. he was being told all of these things. he was being told a month before election day to drop out of the race by his own party. so i think donald trump still sees that, and he sees this. he sees the fact that he's president, that he won after all of that, that he seemed to break all of the established rules of american politics and still win an election. that is a hard thing for republicans to break through now. some of the same republicans who came to him in that 2016 campaign and said you can't win, you should drop out, let's get pence in there. those are the same republicans trying to get through to him now and communicate all of those things i did at the start of this segment. and this is probably prominently in his mind when he hears that, brian. >> and that, that segment, should be required viewing at rnc headquarters and dnc headquarters. steve, can't thank you enough. a reminder, we've got primaries coming up a week from tonight. so steve will be back with live coverage at that very same big board. for now, steve's going to stay with us. we're going to fit a break in. our discussion coming back on the other side. welcome back. let's pick up on our last conversation. new reports today, house speaker paul ryan and majority leader kevin mccarthy are teaming up to raise money for house republicans ahead of the midterm elections. they've scheduled eight events thus far. the president doesn't have any on his schedule, but that of course will change. "the new york times" points out the growing challenge here, writing, quote, the disconnect between the president, a political novice, whose confidence in his instincts was grandly rewarded in 2016 -- we're talking to you, steve kornacki -- and more traditional party leaders demonstrates the depth of the republicans' challenges in what is likely to be a punishing campaign year. well, here to talk about it, charlie sykes, longtime conservative radio host, who is these days contributing editor and podcast host for the weekly standard. he is also the author of the book "how the right lost their mind." he is an author and an msnbc contributor to boot. also back with us here in the studio in new york, our friend steve kornacki. so, charlie, i'm going to put a graphic up on the screen, proving the long-held theory on the part of so many in washington that the secret weapon for the republican party is named nancy pelosi. she represents a congressional district in san francisco. this is a quote from her this week. we will win. i will run for speaker. if that quote is turned into a hand bill and sent via direct mail to every republican registered voter in this country, you'd be amazed how much money they will raise. i'm not sure the democrats have, on top of all the good she does in her party as leader -- i'm not sure the democrats have ever come to grips with the toxicity that name conjures in the rest of the country. and it's tom perez's mistake to make, i guess. >> well, you know, you're absolutely right. i mean this is what every republican wants to run against. they want to have something to fix that, you know, run against hillary clinton, run against nancy pelosi. so that helps them frame their message. you know, because one of the big questions of course in this campaign is going to be will voters be voting for or against, you know, the republican governor, the republican senator, or is this all going to be a referendum on donald trump? well, a lot of republicans would rather have it be a referendum on nancy pelosi. >> of the two parties, charlie, when the call goes out, we need everybody back at the clubhouse. we need all hands, would you say the republican party is better at that, letting bygones be bygones? have they become really able to overlook a lot more than the democrats? >> yes. well, obviously they have. but on the other hand, they have a real significant problem this year because they have been, particularly in the congressional polls that i've heard about, are hemorrhaging support among suburban women. and there's real concern about this. so here's the big wild card. if donald trump comes into their state and campaigns with them, does that help them or hurt them? does that get the band back together, or does that become a big distraction? and yesterday i actually interviewed wisconsin governor scott walker about this, about, you know, are you likely to campaign with donald trump? and he sort of reluctantly said, well, if he's here for one of the other candidates, i'd be happy to be with him. but, you know, for walker, he's got to figure out is the election going to be about him, or is it going to be about trump, and what does trump's presidency inject into this campaign? i mean donald trump may be teflon, but all these are republicans are velcro. donald trump can get away with stuff that they can't get away with. and so this injects a huge uncertainty for a lot of these republicans in a midterm election because donald trump's not on the ballot. they're the ones on the ballot. >> steve kornacki, among the qualities your co-workers love about you, you never do opinions. you do analysis of the numbers, never opinions. so having laid that out as a predicate, looking at the numbers, can a guy like you say to the democrats, here's some sloganeering that the numbers are telling us is a gulf you could fill. here, republican party, is some sloganeering you might try based on what i'm seeing state to state. >> from the republican standpoint, the challenge is what charlie just said. it's not a normal election in terms of like a presidential election where trump could run against hillary clinton. he's got a foil and ultimately people have to make a choice. one of the things that's kind of unfair to the governing party in midterm elections is voters seem to like the idea of a check, and the opposition party becomes a check. it's like we're still going to have this person as president but all things being equal, i'd like to have some adult supervision. that seems to be a winning message in the past. when you look at the few times in history when the governing party has been able to defy that, here's an example. go back to 1998, 20 years ago. bill clinton and the democrats gained seats in a midterm election. how did they do that? they got republicans to push impeachment. and impeachment, it was unpopular sort of broadly, the idea of impeaching bill clinton in '98, but it really fired up the democratic base. the democratic base suddenly said, we need to turn out in this election because we've got to stop the republicans from overturning an election. that's how they viewed impeachment. when i look at some of the rhetoric from republicans right now, they are trying to bait democrats into impeachment rhetoric. they're looking at their base. they're looking at the challenge charlie just said of trying to get republicans to turn out. they would love to get democrats talking. they would love to get some of the more liberal candidates out there to start saying it. the democratic base to get excited, to start demanding it from more moderate members and then to be able to tell republicans, look, you may not be crazy about the way things are going, but if these guys get power, they're going to overturn the election. it's tough. democrats, from a leadership standpoint, have been very resistant to that, but that's what republicans would like them to do. >> and trump already slipped that mention in his last speech. charlie, i'm going to give you the last word. we have seconds left. is there a bumper sticker that you could distribute to all the republican campaigns about to be run? anything synopsizable that you would like to see them run on? >> well, it would be something along the lines of "the economy stupid." but what steve just said is absolutely right. this is -- bell is the one red flag to say if you don't turn out, they're going to take away your president. these guys are going to come back, and it's going to be nancy pelosi and impeachment. that's what they're going to say. u state, he broke the retainer! y bottom teeth, they were really crooked, and i just wasn't getting braces again. then i discovered smiledirectclub. it's easy to just grab it and go and i can change it on the road. i did photoshoots with my aligners in and you can't see them. a smile is a first impression, that's why i think having a great smile is so important. at the marine mammal center, the environment is everything. we want to do our very best for each and every animal, and we want to operate a sustainable facility. and pg&e has been a partner helping us to achieve that. we've helped the marine mammal center go solar, install electric vehicle charging stations, and become more energy efficient. pg&e has allowed us to be the most sustainable organization we can be. any time you help a customer, it's a really good feeling. it's especially so when it's a customer that's doing such good and important work for the environment. together, we're building a better california. . >> most days a normal american can't name the deputy attorney general. these days it's different when the attorney general pulled hymn out of everything russia related. republicans are trolling rosenstein with a possible impeaching him. today, rosenstein slammed those threats saying the justice department is, quote, not going to be exported. aechb last month, president, the president wrote on twitter, mueller is most conflicted of all, except rosenstein who signed fisa and comey letter. no collusion so they go crazy. but today in an event at the kp newseum in washington in celebration of law day, rosenstein appeared perfectly at ease. and the questioning of rosenstein got under way with a critical question. >> i would like to begin with a question that's on everybody's mind. [ laughing ] >> uh-oh. i would appreciate a clear and direct answer to set the record straight. how do you pronounce your last name. is it rosen-stine or rosen-steen? >> there's no right answer to that question. my family, my father pronounces stine, but i have relative who pronounce it steen. i'll answer to either one. >> rosenstein also told a question that his daughter requested when his family found out he was becoming deputy attorney general. >> my younger daughter was 14 at the time. when she heard i was going to become deputy she asked me a very important question. she said zad, does this mean you'll get your picture in the paper? and i said no. so it was quite unexpected. >> that whole staying out of the papers thing is going real well. we compiled just a rough sample of the headlines involving rod rosenstein from just today's news coverage. so as they say, so much for that. another break for us. coming up, why some striking pictures from a decade ago are back in the news right now tonight. if yor crohn's symptoms are holding you back, and your current treatment hasn't worked well enough, it may be time for a change. ask your doctor about entyvio, the only biologic developed and approved just for uc and crohn's. entyvio works at the site of inflammation in the gi tract and is clinically proven to help many patients achieve both symptom relief and remission. infusion and serious allergic reactions can happen during or after treatment. entyvio may increase risk of infection, which can be serious. pml, a rare, serious, potentially fatal brain infection caused by a virus may be possible. this condition has not been reported with entyvio. tell your doctor if you have an infection, experience frequent infections or have flu-like symptoms or sores. liver problems can occur with entyvio. if your uc or crohn's treatment isn't working for you, ask your gastroenterologist about entyvio. entyvio. relief and remission within reach. i'm alex trebek, here to tell you about the colonial penn program. if you're age 50 to 85, and looking to buy life insurance on a fixed budget, remember the three p's. what are the three p's? the three p's of life insurance on a fixed budget are price, price, and price. a price you can afford, a price that can't increase, and a price that fits your budget. i'm 54. alex, what's my price? you can get coverage for $9.95 a month. i'm 65 and take medications. what's my price? also $9.95 a month. i just turned 80. what's my price? $9.95 a month for you too. if you're age 50 to 85, call now about the #1 most popular whole life insurance plan, available through the colonial penn program. it has an affordable rate starting at $9.95 a month. no medical exam, no health questions. your acceptance is guaranteed. and this plan has a guaranteed lifetime rate lock, so your rate can never go up for any reason. so call now for free information. and you'll also get this free beneficiary planner. and it's yours just for calling. so call now. racing isn't the only thing on my mind. and with godaddy, i'm making my ideas real. when i created my businesses, i needed a way to showcase it. ♪ with godaddy you can get a website to sell online. and it will look good. i made my own way. now it's time to make yours. get started at godaddy.com ♪ everything is working, working just like it should ♪ o. >> in our final moments, the last things before we go tonight, if it's been a few years since you've seen it, if you've never seen it before, it's a stunning piece of video from december of 2008 in iraq. here it is, as it was covered on television a decade ago. >> a man got up at a press conference and said in arabic, this is a felware kiss for the iraqi people, you dog. then he threw his size 10 shoe to him. he was tackled by security forces, sent to prison for nine months. then the darnedest thing happened. his image was on t-shirts and posters. by the time of his release from prison he received a new home and car. we learned today he's running for a seat in the iraqi parliament, roughly equivalent to our house of representatives. president bush said there was still more work to be done in iraq. he was right about that. and now his one-time attacker apparently wants to be part of that effort. that is our broadcast tuesday night. tonight on "all in." >> in the end it is not only what we do, but how we do it. >> the clearest window yet into the russia probe. and signs that mueller already has evidence of collusion. >> russian collusion. give me a break. >> what it means for the future of the investigation. and trump's curious new stands on obstruction of justice. >> i did you a great favor when i fired this guy. >> then. >> they can't even resist leaking their own drafts. >> house republicans draft articles after impeachment for the deputy attorney general. >> i think they should understand by now the department of justice is not going be

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Transcripts For MSNBCW MSNBC Live With Hallie Jackson 20180511

acting under secretary of state, heather, she is there live. she will be joining me live in a couple of minutes and across d.c. on capitol hill, the special counsel is back in the spotlight. our exclusive new reporting on a new way lawmakers are looking to protect his work. also on the hill, republicans fuming privately and now publicly about what a white house staffer said about senator con mccain. and breaking just in the last 30 minutes or so, at&t saying it was a big mistake to hire the president's personal lawyer to get insight into the administration. jeff, new comments this morning from john kelly on immigration are making headlines after the president's call it raucous rally, campaign style rally in indiana, right? >> reporter: that's right. let's start with that rally which was billed as a venue for the president to talk about tax cuts. we know how those go. he quickly veered off topic and talked about anything and everything but. he bragged about withdrawing the u.s. from the iran nuclear deal. he boasted about rolling back unfair global trade practices. and he talked about beefing up border security. on that point white house chief staff john kelly gave a candid and wide-range interview to npr that's raising a lot of eyebrows about what he said about undocumented imgranlts. the question was put to him about the white house policy of separating families who cross the border illegally. and kelly said in his view, the vast majority of undocumented immigrants don't assimilate well, hallie, he said because they're poorly educated. take a listen. >> the vast majority of the people that move illegally into the united states are not bad people, they're not criminal. they're not ms13. but they're also not people that would easily assimilate into the united states. they're overwhelmingly rural people in the countries they come from, fourth, fifth, sixth grade educations are kind of the norm. they're coming here for a reason. and i sympathy ties with tize wn but the laws are the laws. >> the laws are the laws, that certainly sounds like some of the typical early 20th century objections to italian and irish immigrants. remember not too long ago kelly also said that undocumented immigrants, some of them were too afraid or too lazy to sign up for the daca program. so the white house we expect will be doing some cleanup about that. also about the comment that i low-level white house staffer made about john mccain mocking mccain who's in the fight for his life as we know. when we could have one, potentially two chances to ask the president about all of this. he's hosting a meeting with ceos from roughly a dozen auto manufacturers here. they're going to talk about fuel efficiency standards. later in the rose garden the president will layout his blueprint for trying to bring down the cost of prescription drugs. hallie. >> thank you. i want to bring in matt bennett, senior vice president at third way and former deputy stoont bill clinton. also on set our panel two white house reporters nancy cook of politico and a my friends in the press corps covering the whours. matt, let me start with you. i was watching your reaction as jeff was talking about john kelly's comments on immigration. what do you make of those? >> i mean, this is a classic nativism. this is what we've seen, as jeff pointed out, throughout american history. my dad wrote a book about this. people have always said these people cannot assimilate, they don't speak our language, they're not educated. the exact kind of racism that we saw all through the 19th century and in the early 20th century. and we, in the '20s america slammed the golden door shut for 50 years and our nation suffered as a result. the immigrants coming here are some of the hardest working people on the planet and they're who we need and want in the country. >> and they talk about their plight coming in, they're looking for a better future. what i find interesting is somebody who's a protoe jay who's getting yelled ought for purportedly 30 minutes. that's a long lecture. my patience didn't yell at me for 30 minutes and she apparently is ready to step down although dhs is pushing back that she actually drafted a resignation letter. when you were in the white house, would this have flown? how would it have played out? >> it never would have happened. >> did bill clinton yell at anybody for half an hour? >> no. >> i don't know if that's true or not, but i'll take ought your word. >> never yelled at me for half an hour. but when he yelled at people, which occasionally happened because presidents get frustrated, he did it in private and he did it only to people who he thought were senior enough to take it. what -- now, she's clearly a senior member of the trump team, but bill clinton and george w. bush and barack obama would never have scolded a cabinet member in a cabinet meet, that's just not what you do. >> so you think the public piece of it is a concern. there's no deputy at dhs, were she to step down. have to emphasize, there's no occasion that she is going to today or tomorrow, but there may be contingency planning in place. >> part of working for president trump is understanding that you're working for someone who has a reputation for blowing up on the staff. there's all this reporting about attorney general jeff sessions being yelled at and he's someone who republican lawmakers have allowed to be himself in that you go to work for him you know that you're going to work for someone who is yelling at people, who is someone who made his reputation by screaming i'm fired on national television. so i think while his -- while it's true neilson might have been caught off guard, i'm tnot hearing that she's going to resign wooit right away. but things change all the time. but it's part of trump's permt. he think it's an effective way to get people to work harder. >> i have two to toiks get to and one minute do it. john kelly talked about tps, people with temporary protected status saying they should be on a path to citizenship. this was eyebrow raising, nancy, because the administration has pulled back on folks who are protected under tps and, number two, a path to citizenship are not three words you hear toss aid round lightly. >> and the president hasn't been really looking for a path to citizenship. he canceled the daca program. so i think that -- but with the tps thing, they have been revoking so many temporary protected status for different immigrant groups over the last year that that has also really brought down the number of immigrants in the country. that's not to be discounted. >> i want to sneak in a quick sound bite from the president talking about a new healthcare plan. listen. >> it's a failed experiment, obamacare. but wait till you see the plans we have coming up literally over the next four weeks. we have great healthcare plans coming out, but we got rid of the individual mandate. >> our reporting indicates there's virtually no appetite for this on capitol hill. >> zero. >> why is he talking about it? >> this guy is great at breaking things, terrible at fix organize building things. republicans don't want to do this, democrats there is no chance they'll allow it. so this is all just talk. >> so clearly have you issues with the way that the president leads in some ways, as a sort of former clinton aid. would you give the president, though, as we talk about north korea and shift to to foreign policy, would you give him credit for bringing home these americans? that seems like a victory for donald trump. >> every president has brought home citizens from north korea. they take hostages and then they give them back. the proof will be in the pudding after the big summit and we'll see if he gets any actual real concessions. >> i'm glad to have you on. thank you very much. i want to thank nancy and yamish, i want to ask you to stay where you are for later in the show. i want to get to the state department. health, he thank you for coming on the show, it's a pleasure to have you. >> my pleasure. thanks a lot. >> let's start on talking about those freed americans from north korea. we were all there for that emotional remarkable moment at andrews. you can explain why they have not been reunited with their families yet. >> reporter: first of all, let me tell thank you was an incredible opportunity to have been a small part of that process and procedure to bring home those americans who had been in north korea for far too long held as prisoner. they're back here in the united states. my understanding last i heard, is that they had been reunited with their families. they are private citizens now. i know that our counselor affairs officials were in touch with the families and were assisting with bringing them back in touch with the now freed americans. that's the latest that i have. but, again, they're private citizens now so i'm not in touch with those gentlemen. but we are thrilled to have them home. >> private citizens who presumably are in close contact with intelligence officials and folks in your agency about what they saw and heard during their activity, right? have you finished debriefing them or are those conversations continuing. >> let me back up first to the plane ride home. we flew home with them, they were on our plane from pyongyang to japan. once we arrived in japan, they were put on a separate plane. that separate plane had more enhanced medical equipment that could assist them if they should need. each one was accompanied by a medical doctor, a psychiatrist in which we were able to provide that immediate assistance that's necessary. so some of those conversations presumably started to happen on the plane ride home. those are things that we are not involved with. we leave that up to the medical experts and the professionals to handle it with the most delicate care, the questions that they would have for those individuals. now we've provided those men with access to the best medical care in the world so they under the process of seeing doctors and getting the kind of assistance that they need. i'm not in the position to speak about exactly what kinds of questions were asked, but i know that the professionals are in charge with that and i think they'll do an excellent job. >> state department of course is involved in the diplomatic efforts of the singapore summit on june 12 pth. is release is being viewed as a good faith effort, a confidence-building mesh rescuer from kim jong-un. do you believe kim jong-un can be justed? is he an honest broker? >> secretary pompeo said we go into this with our eyes wide open. we are cleared i'd and realistic. we have made our concerns and our expectations very well known. secretary pompeo did that in his meeting with kim jong-un. >> yeah. >> earlier this week where he spoke about our policy priorities and our expectations. and, by the way, i should add. >> sure. >> these are not just the united states expectations but also the republic of korea, japan, and many other countries as well. that's the complete verifiable, irreversible denuclearization of the korean peninsula. that's what we wanted and what we're pushing for. but we are clear i'd in our expectations. >> what about human rights abuses that have been well documented by the state department as you're aware of, is that on the agenda for these talks? >> i'm not going to get ahead of what those conversations are about. >> should they be on the agenda? >> we will see as we go forward. part of the problem we've seen in the past when the united states has had conversations with north korea is you throw everything in but the kitchen sink. important issues, that is something that we highlight here each and every day at the state department, human rights abuses. i've discussed this extensively from our podium here at the state department. we recently put out the human rights report. we are not afraid to call out north korea for its very well documented human rights abuse, but we are also having these conversations about the denuclearization of the korean peninsula. i don't know that we will bring up human rights abuses in that particular meeting. our priority today is the denuclearization but i will also add that the humanitarian issues are of great concern to the united states, i just can't say whether or not that will be a part of the conversation. >> do you, does secretary pompeo agree with the president that cupp kim jong-un is an honorable leader? >> i think what the president was saying when he says honorable, he was honorable in terms of his willingness to sit down and have conversations with the united states. so i think you have to put that comment into the proper context. >> he also talked about excellence in the treatment of detainees. does that give you reason for concern? reason for pause? >> look, we have seen what has happened to detainees in the past. we have seen the horrific condition that otto warmbier was brought back home to the united states and we continue to mourn with otto warmbier's family. fortunately we've seen the relatively good condition that these three men were brought back into the united states. i don't have all the details about their treatment, we'll learn about that in the coming days. i hope that that will remain private because they're now private citizens and we're thankful to have them home. >> it's not just north korea, heather, as you're aware of it as a country holding american citizens. about by our count five are being held in iran. didn't pulling out of the iran nuclear deal just make it harder to get those americans back home? >> look, let's put this blame squarely where it rests, where it deserves to rest and that is iran. we have seen iran for many years, and we know that very well here from the state department, when they took so many of our own people hostage many years ago. iran continues to take part in destabilizing activities around the world. in its own country we've been watching oft past few days what it has done in syria. iran continues to back the regime of bashar al assad as bashar al assad backed by iran and also russia by the way, gases his own people and kills his own people through chemical attacks. we've seen what they've done in syria. we've seen what they've done to israel. iran continues to take part in those horrible activities, yes, you are correct, americans are being held in iran. we hope we can get them home to this administration has had a great deal of success in being able to bring people home. the president did that early on last year with a woman in egypt. sadly we saw what had happened with otto warmbier but nevertheless we were pleased to have been able to bring him home. and then the collins family -- excuse me, the family that came out of afghanistan who are the canadians. >> nobody's disagreeing -- there's no disagreement that it's iran's fault for taking these americans and capturing the americans, there's no disagreement on that. what i'm asking you though is about the deal making part of it as president trump might put it. the diplomatic part. pulling out of the nuclear deal gave iran less incentive to release them. what conversations are you having with the families of those still detained and is it more difficult now? >> those conversations that we have with families are delicate and private conversations. i can assure those families that the united states has not given up on our americans who are being held anywhere around the world. that is always a priority of ours. and i will just -- i will be firm and clear and be happy to look any family member in the eye and say that they have not been forgot and he that's a priority for this administration as we saw very well with the three men we just brought back home from north korea. >> we're getting short on time but i want to ask you about the embassy move on monday, this is a big event and big deal. how concerned is the state department about the possibility of protests, maybe violent ones. what are you doing from a security perspective? >> that's something that we don't discuss publicly. that's something that's always a concern at the state department. the security of our posts and our embassy personnel and also american citizens all around the world. so we're, of course, taking steps -- >> you're going 0 have 800 people there on monday, right, and there's -- >> a let me finish. >> i'm not asking about broad security. >> let me finish. >> i'm asking about monday. with this big event air lot of important folks will be there and there is the possibility for violent protests. are you prepared for that. >> there's a potential for that anywhere around the world and we've seen a lot of violent protests in israel between the people of gaza, between palestinians and israelis as well. this is something that if it happens, they certainly have a right to protest and we support that right of free speech. >> on middle east peace talks, rex tillerson was not a roll he embraced, left a slot lot up to jared kushner. do you see pompeo taking a more forceful role. >> i can tell you that pompeo and kushner have a good relationship and we're in close talks with the white house so we're on the same page and we have those conversations each and ef day about the importance of middle east peace. that's something that the president has said is a priority, it's something that hasn't -- has certainly been debated, many administrations have tried in the past to get this thing done and we haven't had skus so far. the president intends do that and certainly hopes that he can be successful in that. >> reading between the lines, fair to say do you expect secretary pompeo to take more i've robust role than tillerson did? >> i would take issue with the word rebusted. i can tell you we are very closely coordinate with the white house. we have a strong relationship and i think you say that between the president and secretary pompeo and bringing him here to the state department he's been a phenomenal leader. i cell it you that our folks here are beyond thrilled to have him on board. >> okay. >> we've had an excellent two weeks and look forward tie great future with secretary pompeo. >> health, he thanks for coming on. republican members of congress are fuming this morning after a white house staffer reportedly made a really offensive comment about senator john mccain. we'll talk about what the trump administration is maybe more importantly is not saying about those remarks and what is might mean for the confirmation of gina haspel. that's next. if your adventure keeps turning into unexpected bathroom trips you may have overactive bladder, or oab. ohhhh... enough already! we need to see a doctor. ask your doctor about myrbetriq® (mirabegron). it treats oab symptoms of urgency, frequency, and leakage. it's the first and only oab treatment in its class. myrbetriq may cause serious allergic reactions. if you experience swelling of the face, lips, throat or tongue, or difficulty breathing... stop taking myrbetriq and tell your doctor right away. myrbetriq may increase blood pressure. tell your doctor right away if you have trouble emptying your bladder or have a weak urine stream. myrbetriq may affect or be affected by other medications. before taking myrbetriq, tell your doctor if you have liver or kidney problems. common side effects include increased blood pressure, common cold symptoms urinary tract infection, constipation, diarrhea, dizziness, and headache. need some help managing your oab symptoms along the way? 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[ child offscreen ] hey! let's basement. and thanks to these xfi pods, the signal reaches down here, too. so sophie, i have an xfi password, and it's "daditude". simple. easy. awesome. xfinity. the future of awesome. that's just horrible. i mean, what else you can say about that? he's a hero and to make that type of comment, there's no place for that anywhere in our society, let alone in the white house. >> so there is some kind condemnation coming in from both sides of the ail after a top white house aid dismissed senator john mccain in his opposition to gina haspel as cia director saying, quote, he's dying anyway. lawmakers are livid. sources on clil capitol hill are telling is they've been opt phone with colleagues expressing disbelief. john mccain's daughter may have more to say about this next hour. i want to go over to kristen welker where they're on defense this morning and here's the deal. what they are not saying is just as important as what they're saying because they're not denying these comments were made. >> reporter: that may be the most striking part of all of this, hallie. they're not denying that these comments were made. one administration official saying they were taken out of context, but not denying the substance. lawmakers are livid, so is john mccain's family. his wife cindy mccain lashing out on twitter defending her husband who's a war hero battling brain cancer. >> john mccain, the white house not denying the incident, instead releasing a brief statement we respect senator mccain's service to our nation and he and his family are in our prayers during this difficult time. but mccain's wife cindy firing back at the aide on twitter. may i remind you my husband has a family, seven children and five grandchildren. it comes after mccain a former pow announced his opposition to president trump's cia nominee gina haspel who faced tough questions for her role in controversial interrogation tactics after 9/11. >> i don't believe that torture works. >> prompting a sharp backlash from some conservatives. >> the fact is john mccain, it worked on john, that's why they call him song bird john. >> there's no proof of that claim. >> he is a war hero, he's a war hero because he was captured. i like people that weren't captured, okay. >> it's the latest in a bitter back and forth between the two men. earlier this week sources telling nbc news that senator mcskan adamant he does not want trump u trump at his funeral requesting that vice president mike pence come instead. >> hallie, notably gina haspel is speaking out about this overnight. i have the utmost respect for senator mccain and i appreciate the thoughtfulness with which he has approached this. this will dominate later on today. >> kristen, thank you. i was caught looking at my phone for a second there because we are just getting now more reaction to this online on twitter from senator jody ernst who says our nation should be grateful for the exemp re particularly service from john mccain put are seeing more republicans coming out talking about this saying how disturbed they are which matches our reporting of what they're saying private. >> i it's so interesting because even mccain objecting to gina haspel on twitter was very respectful. he tharch he hanked her her for her service and said he disagreed with her nomination because of her stance on torture. meanwhile, he made this throwway comment well he's dying anyways so it doesn't matter. i think there's been this divide between the white house and the hill on sort of norms of civility and it's republican, republican infighting that the white house is provoking. >> does that tone and tenor come from the top. >> i think we're starting to see the limits of where you can push. yes, president trump said he doesn't like the fact that john mccain was captured but he has not at all joked about his death and think that's the limit that we're seeing here. because it's -- i mean, in it blows the mind that someone could say he's dying anyway, he's irrelevant when we know how important john mccain has been in the last couple years. he's been the person that's been the face of a republican who's willing to stand up in front of the president, but also someone who's really to stick with his party when the party needs him. i think this is kind of just -- it's catching people at a very sensitive time and i think we're seeing that. capitol hill can't come together. >> interesting point. guys, stick i around for a little bit. much more to come including taking a look at the more than half a million dollars at&t paid to michael cohen. what it has to do with the proposed merger with time warner and why robert mueller is looking into the details. we have new reporting on this after the break. it took guts to start my business. but as it grew bigger and bigger, it took a whole lot more. that's why i switched to the spark cash card from capital one. with it, i earn unlimited 2% cash back on everything i buy. everything. what's in your wallet? led california's fight ofor clean, renewable energy.or he cleaned up pollution at the port of l.a. and created more good-paying jobs. antonio villaraigosa for governor. because antonio villaraigosa millions got it done.healthcare he defended women's healthcare, banned military-style assault weapons, banned workplace discrimination, and more. antonio for governor. so, this morning we've got a new response from at&t as we learn more about why the telecom giant made a deal with michael cohen in the days after president trump's inauguration. new internal documents obtained by the washington post showed at&t paid the president's personal attorney $600,000 partly to advise him on the company's propose merge we are time warn. along with naming the merger, they said also it wanted cohen to split his time between legislative policy development and regulatory policy development. we should note cohen's lawyer didn't respond to request a comment. new this morning were have the at&t senior ceo saying it was a big mistake hiring cohen. he's saying to be clear everything we did was done according to law an entirely legitimate but the fact is our past association with cohen was a serious misjudgment. one top exec by the way is leaving the company after this. president trump's justice department had jumped in to stop the $85 billion meerther from happening late last year and a federal judge is expected to rule on the case next month. joining us now is tom hamburger and noah book finder is here too. tomb, to you first. there maybe some people going why would at&t try to hook coen up here? try to get him into their network? take a look at these couple sound bites from the president, one from before he was elected, one from after. listen to this. >> at&t is buying time warner and thus cnn, a deal we will not approve in my administration because it's too much concentration of power in the hands of too few. >> aisle i've always felt that was a deal that's not gort country. i think your pricing's going to go up. i don't think it's a good deal for the country. but i'm not going to get involved, it's litigation. >> so put that into the context of high this payment matters, tom. >> so just a few days after the inauguration of a president who had expressed his opposition to the merger of at&t/time warner, at&t hires michael cohen, the president's personal lawyer, and it was clear if you looked at the at&t agenda at the time, priority one was getting that deal approved. and whit eliwilling down the opposition. so michael cohen gets a contract a few days after the inauguration to advise on strategic matters for at&t and top of the list is this merger which the incoming president has already expressed opposition to '. >> so was there anything different or unusual about this arrangement between at&t and komen? because we know whether people like it or not this kind of thing, similar things to this happen a lot in d.c. >> yes. in some ways paying a lot of money to influential people to get results in washington is very much a part of the fabric of this town. what's a little unusual in this case is that at&t hired a guy, michael cohen, new york lawyer who's experience was really in the taxicab business and real estate in new york, to help with this sort of technical aspects of an antitrust matter, and a matter that involved fcc law issues and so on. so they were hiring someone with no previous expertise in this area. his one qualification, it would seem, or one obvious one and the one that people are talking about he had a relationship with the president. he was his personal lawyer and by his own description a kind of fixer or pit bull. >> speaking of eva cysts, we have one next to me. noah, when you listen to top, he said cohen's work did not meet the requirement to registertor register as a lobbyist. is at&t cutting it close from an ethical perspective? >> as tom said, michael cohen is not somebody who is known for his antitrust expertise or telecom expertise. so he's being brought on because he has access to the president. at the very least, that is -- that is the kind of swampy, unethical behavior that people don't like in washington. but there's stuff that we don't know yet that is going to tell us whether there's a legal problem here. >> noah talked about the swampy behavior and playbook had some hot fire this morning, like a little bit of a truth bomb as they called it about what actually happens in washington. they write, for example, many readers of the playbook newsletter would not have their mcmansion, the bmw, membership at army navy, second homes in delaware, cigar lockers and endless gases of pinot at blt if that stuff didn't happen. >> it wasn't just michael cowhon protest from the trump administration. so few people were connect with the trump campaign or supported him initial that i were tons of people that profited. cory lewandowski profited from it, brian ballard rare lobbyist from florida. >> but at&t was saying it was contacted by the special counsel, but robert mueller. why would this payment come into his crosshairs? >> well, there are pets that ie we don't know of will this money from these companies went to cover things that benefited the president. in other words, we know this same company, essential consultants was used to pay stormy daniels, rudy giuliani and others suggested it may have been used to pay others. if these payments were benefiting the president and if they were in exchange for specific actions from the president, that could start to look like bribery. that's a serious criminal off zblens noah, i know we'll be staying on this story. tom, thank you for join youing you tlus. nancesy, yamish, shea where you are. coming up with a plan "b" to try to protect the guy we're talking about, robert mueller. why they're so worried about safeguarding the special counsel and how this new push is different from ones that didn't work before. your brain 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get your whole car back. i guess they don't want you driving around on three wheels. smart. with liberty mutual new car replacement™, we'll replace the full value of your car. liberty stands with you™. liberty mutual insurance. we are back and you're look looifr now on the other side of your screen at rod rosenstein, deputy attorney general speaking down in raleigh to the campbell university law school giving the commencement address there. it comes as somebody who rod rosenstein oversees, a guy who's name you might recognize, robert mueller comes into focus, comes into the spotlight on capitol hill. lawmakers are looking at a plan "b" to protect the work of robert mueller no matter what happens to investigators. we've got new, exclusive reporting on this from one of the folks you see right there who is joining me here on set. our nbc national political reporter back with me. and poe politico's nancy cook. mike, talk to us about this plan "b" because i'm old enough to remember when lawmakers tried do this all rand mitch mcconnell said no way. why would this have a chance? >> how often have you heard president trump or sara huckabee sanders ask will the president fire robert mueller, it happens a lot, right? >> not because we're being repetitive but because it's a question worth asking. >> when you talk to clip, they say the real concern is not necessarily that the president will fire mule, he are it's that they'll take action to fire rod rosenstein or jeff sessions that would result in the mueller probe being constrained. we wouldn't see it. that -- in plan "a" we saw it happen in the senate judiciary committee in the last few weeks. >> this is the bill that the senate senate judiciary passed out of committee that mcconnell said i'm not putting it on the floor. >> that's right. what you see now is you have senator blumenthal, senator to coons working with republicans on what we call plan "b." could it would require that if mueller finishes his investigation that a report is released publicly. that's not required now. he's only requires required to give a report to the justice department. they could put that in or i pocket and never release it. the second thing it would do if mueller is fired, it would give him the right to release his findings, release some of the pro duskt his work. and the third scenario is if mueller believes in the scenario rosenstein has been fired, there's somebody else supervising hi his work then coresign an also release. this all has to do with transparency. >> does it actually have a chance of going anywhere? >> when we had this vote in the committee, 14-7 were where he had grassley, the chairman of the committee, jeff flake, they supported. and what we're hearing from senators against that bill is they support this idea. >> really? really really? >> qi heard mitch mcconnell saying i control the floor, i don't want to waste time because the president would never sign this anyway. it's about a public signal at that point about the we're hearing house democrats talk about the things they would try doh to build public pressure on the white house to allow the investigation to go forward. >> you have this investigation hanging over the white house like a cloud. john kelly was asked about that and the word he used was not cloud, it was a different word. here's a little bit of that interview from just recently. >> the president keeps calling the russian investigation a witch hunt. do you think it's a witch hunt against the president? >> from what i read in the newspaper, something that has gone on this long without any real meat on the bone, it suggests to me that there is nothing there relative to our president. >> he was also asked specifically about whether the russia investigation was a cloud. listen. >> is there a cloud because of that hanging over the white house? >> yeah. there may not be a cloud, but certainly the president is somewhat embarrassed, frankly, when world leaders come in, you know, benjamin netanyahu was here and it might revolve around that kind of thing. >> this is a stunning admission and it's something that kind is of why why have you frustrations between john kelly and president trump because president trump is not someone who would admit that he was embarrassed or would admit that he was publicly bothered in the work and his relationships with foreign leaders when it comes because of this investigation. so i think that you have john kelly basically being transparent saying, of course this san issue. ib said it, president trump is just kind of towed the party like and had other people say this is a witch hunt, it's terrible, but he hasn't said this is impacting me personally and it hurts my conversations with other people. but everybody who covers the white house understands that it's hard to do work there when you have reporters like me and you asking the question all the time. >> right. >> mainly because they give us trons ask those questions. >> stay right there. mike, pleasure to have you back on set, day two. we'll see if you make it back on track monday. coming up after the break, we'll show awe i live picture of what's happening in gaza as palestinian leaders face-off with israeli troops. stick around. when i first came to ocean bay, what i saw was despair. i knew something had to be done. hurricane sandy really woke people up, to showing that we need to invest in this community. i knew having the right partner we could turn this place around. it was only one bank that could finance a project this difficult and this large, and that was citi. preserving affordable housing preserves communities. so we are doing their kitchens and their flooring and their lobbies and the grounds. and the beautification of their homes, giving them pride in where they live, will make this a thriving community once again. ♪ "i have antivirus, but my computer's still slow..." 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"we're on it." and because it connects to the internet, fixmestick it's always up to date. you turned a family recipeher, into a brewing empire before prohibition took it all away. i promised our family i'd find your lost recipe. by tracing our history on ancestry, i found the one person who still had it. now, i'm brewing our legacy back to life. i'm david thieme, and this is my ancestry story. now with 100 million family trees, find your story. get started for free at ancestry.com. it's a tense situation today in the middle east just days before the u.s. officially moves its embassy to jerusalem. recognizesed by the trump administration as the capital to of sbral. m more protests are happening today. this week israel attacked dozen of iran sites. we're live in the west bank. richard, there's a lot going on now where you are. what's the latest on the ground? >> reporter: so a lot is going on. it seems like the trump administration is shaking the middle east to its very core. let's start where i am right now. i'm on the outskirts of romala, there have been clashes in this west bank city. they were relatively small. they have pretty much died down now were, but there were small pockets of clashes across the west bank. bigger ones in the gaza strip. plins palestinian officials say more than 20 palestinians were wound the in the clashes throughout the palestinian areas. this is all related to that move, that controversial decision by the trump administration to move the u.s. embassy to jerusalem that's supposed to happen in a ceremony monday morning local time. that's just one half. israelis say, by the way, despite all of the protests that they've seen the move is not at all in jerp par did i that they're prepared to move forward with this plan. they're excited about it and they think it's a recognition that the world or at least the united states accepts their claim to that jerusalem is their capital. on the iranian front, a lot of moving parts here. as you menged there was a clash a couple of days ago, starting couple days ago where iran fired missiles at israeli forces. israel responded bombing iranian targets inside syria. israeli intelligence officials believe for now that pit ftit ft exchange is over. >> richard inning he will live for us 'tltpy want to bring in bobby. you've heard richard talk about the direct conflict between israel and iran. does this keep growing? who steps in to try to mediate some kind of a peace here? >> it's not who will mediate the peace, netanyahu went to moscow to speak with vladimir putin and that led some foam assume that putin would be the peace maker. it's not clear to me that putin wants peace there. it seems as richard pointed out, that it seems like this particular instance of tit for tat firing is over, but i'm not holding my breath that this is the end of the story. as long as iran remains a presence in syria, israel will regard that as a threat to israel as long as iranian leaders make sort of war-like noises in the direction of israel, israel will think that as an act -- as a sort of -- as a threat to it and it will continue to attack iranian positions in syria. so i suspect that there will be other spasms of this, if not in the next couple days then certainly weeks from now, months from now. as long as iran remains in syria, this will remain a problem. >> richard alluded to this being kind of a tinderbox at this moment right now and you have in the context of. embassy move set to happen on monday. health whir asked her about it from the state department earlier on in the show said, listen, the potential for violent protests are always there. but on monday it seems as though though chances would be upped, specially. how do you see it? what do you see happening when this goes down? >> when has palestinian not been a tinderbox? not in my lifetime. >> that's fair. >> and we've had plenty time leading up to this embassy move and it has been tense, there's been violence in gaza for weeks now. the israelis have had plenty of time to prepare for it which is why they seem confident that they can make the move happen and that there won't be violence around the embassy itself. they can at least tamp it down in east jerusalem. but no one believes that the palestinians are ever going to give up their claim to -- to jerusalem. this is a bad moment for the palestinians, it has to be said. they are losing support in the wider arab world. just a couple weeks ago the crown prince the saudi arabia essentially was heard to say that the palestinians should take whatever deal they're getting, it's not going to get better for them. that's a big blow for their cause. the fact that iran, which supports hamas and gaza, the fact that iran is so heavily extended in syria also means that they're not necessarily giving hamas the kind of attention and the money that they need. so this is -- the palestinians are particularly vulnerable right now. >> yeah. >> they're feeling a little, i suspect, a little isolated and alone and friendless, which is not to say they're going to stop protesting or that they're going to stop claiming jerusalem for themselves. >> let me ask about the broader, i want to bring nancy and yamish in on this. sort of the broader moves that the trump administration is making toward middle east peace. we've seen jared kushner in that. he is going on monday. politico originally reported that he asked mike pompeo to come with. but when you look at the tug of war between pompeo and kushner, i want to refresh our memories about what hearth said earlier about that. >> secretary pompeo and senior adviser jared kushner have a close relationship. they have a good relationship and we're in close talks with the white house and so we're on the same page and we have those conversations each and every day about the importance of middle east peace. >> i think secretary of state pompeo will be playing a much bigger role in these negotiations. he has a good relationship with the president and has for a long time and has a relationship that rex tillerson did not have. >> i think jared kushner is someone so close to the president that has to be frustratingtor mike pompeo that if he does something that crosses jared, the president is going to pick jared over him any day of the week. i think that's what the inherent conflict still is it is. >> thank you for join using us this hour. bobby, thank you for being with us. we wasn't to get to breaking news because we're following a report from our l.a. affiliate saying that at least one person has apparently been shot on the campus of highland high school in palmdale, california. that's about an hour north of l.a. you can see on the map here. deputies had responded to the school after a report of a man with a rifle. we are watching what is happening here we're reporting this out. we'll bring you the latest on this as soon as we get more information throughout the morning right here on msnbc. we'll be back with today's big picture. ♪ ♪ (baby crying) ♪ ♪ don't juggle your home life and work life without it. picture. ♪ ♪ and don't forget who you're really working for without it. ♪ ♪ funding to help grow your business... ♪ ♪ another way we have your back. ♪ ♪ the powerful backing of american express. don't do business without it. this time, it's his turn. you have 4.3 minutes to yourself. this calls for a taste of cheesecake. philadelphia cheesecake cups. rich, creamy cheesecake with real strawberries. find them with the refrigerated desserts. i had tried to quit before,g i had tried the patch. with real strawberries. i tried to go cold turkey; it didn't work for me. i didn't think i could quit until i used chantix. along with support, chantix (varenicline) is proven to help people quit smoking. chantix reduced my urge to smoke. when you try to quit smoking, with or without chantix, you may have nicotine withdrawal symptoms. some people had changes in behavior or thinking, aggression, hostility, agitation, depressed mood, or suicidal thoughts or actions with chantix. serious side effects may include seizures, new or worse heart or blood vessel problems, sleepwalking or allergic and skin reactions which can be life-threatening. stop chantix and get help right away if you have any of these. tell your healthcare provider if you've had depression or other mental health problems. decrease alcohol use while taking chantix. use caution when driving or operating machinery. the most common side effect is nausea. after 25 years, i walked away from cigarettes. ask your doctor if chantix is right for you. many insurance plans cover chantix for a low or $0 copay. we are back closing out the show as always with std's bik big picture. for it today we're hofrgd to iraq. these are policemen showing off the inc. on their fingers with peace signs after casting their votes in baghdad. tomorrow the whole country goes to the poles as iraqis choose a new leader. they will be tasked with rebuilding everything from the economy to tackling corruption and stopping isis interest making a return. we'll be watching that closely. the photographer here for the associated press. we'd love to hear your thoughts as always on facebook, twitter, snapchat and insta. for now, i turn over to my capable colleagues, ali velshi and stephanie ruhle. >> what a great thing to do for voting, using fingerprints. these are people showing their fingers to say i have participated, no matter what the world thinks how good a chance or bad a chance we have i've done my job. thank you for doing that, hall. >> i thanks, guys. >> good morning, i'm ali velshi. >> and i'm stephanie ruhle. it's friday, may 11th, let's get started. >> a top white house communications aide mocked senator john mccain's brain cancer diagnosis. >> three sources with direct knowledge telling nbc news white house staffer special isn't kelly sad letter said he's dying anyway. it comes after mccain a former pow announced his opposition to president trump's naxt nominee gina haspel who faced tough questions for her role in controversial interrogation tactics after 9/11 prompting a sharp backlash from some conservatives. >> the fact is john mccain, it worked on john, that's why they call him song bird john. >> he hit me -- >> he's a war hero. >> he's not a war hero. he's a war hero because he was captured. i like people that weren't captured, i hate to tell. >> you it's the latest in a bitter back and forth between the two men. >> except for one senator who came into a room at 3:00 in the morning and went like that, we would have had healthcare too. we would have had healthcare too. we got a bad vote the evening that we were going to terminate obamacare, we got a bad vote. you know about that, right? that was not a nice thing. >> one u.s. o

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Transcripts For MSNBCW The 11th Hour With Brian Williams 20180426

essential for trump to understand trump's intent as they wrap up the portion of the probe focused on potential obstruction of justice and "the post" points out that he knew him for decades. and described the session as relaxed and an opportunity for both sides to feel each other out. last thursday after hired by president trump, giuliani said he hopes to join the russia investigation in a week or two. we are also following developments tonight in the on going legal drama relating to the president's long time attorney michael cohen. saying he will assert his fifth amendment rights. he site, the on going criminal investigation allegation in the southern district of new york is the reason for taking the fifth, daniels suing president trump arguing a nondisclosure agreement she signed is invalid because the president never sign it had. we should note that the white house denied trump had an affair with stormy daniels so a lot to talk about. let's bring in the panel for wednesday evening, julia and justice reporter, former u.s. attorney joyce vance spent 25 years as a -- and welcome to you all. philip let's start with a story that we are watching minute by minute it is 11:03 and change here on the east coast. where does the president's nomination for v.a. stand right now? >> the nomination is in extreme pearl. jackson indicating to white house officials considering withdrawing. he wants to keep fighting and a chance to clear his name and a chance to defend himself in a confirmation hearing and some that he denied to the media. he realizes how ugly it will be and unlikely that he will be confirmed by the senate. there's a number of lawmakers speaking against him. so the white house is in limbo at the moment. i would not be surprised to see an announcement that he is out or maybe he will make it to the morning, i think his days are numbered. >> i want to ask you fiphil abo the jewel lan any effect. where the talks stand with mueller? >> remember he came on board as the president's head attorney replacing john dowd. there was a meeting between mueller and giulani and seemed to indicate to mueller that the president was willing to consider that interview although we know from reporting over the last few weeks serve since the raids against michael cohen, trump has been hostile of the idea of doing the interview with mueller. let's see if he does it. it may be a game that giuliani is playing and then provide trump an explanation and excuse if it were to decide ultimately not to do it. >> joyce, as the former fed on this panel, it is clear that he has been anxious to get his side of the story out and talk about his exploits and talks on behalf of his client. if you are mueller or the mueller team, how do you react to seeing a once private meeting on a tuesday afternoon come out in the press closer to wednesday? >> you expect that it's going to happen. that's been the trajectory of this entire investigation. i think mueller like most prosecutors is happy to try his cases in the courtroom and leave it to others to try their cases in the press. >> julia, there's reason to believe that people have spoken publicly about investigations wrapping up real soon by thanksgiving, christmas, by tonight. for an audience of one. have you and all of your reporting given indications this thing is going to wrap up anywhere close to soon? >> i think what we have learned as the investigation continues is that it is possible that mueller will be able to lob off part. the obstruction probe. spf may be able to wrap some point this summer. as "the washington post" points out, mueller wants to see trump interviewed. he wants to get to the key question that underlies obstruction. and that is intent. what was his intent about air force one and the trump tower meeting. and decided to fire gjim comey and if he was intending to talk to flynn to lie about russia. so for mueller to be able to wrap up this one piece of the investigation, he wants to talk to the president. this could be a game as philip pointed out. gui liani wants to open the window and if he talks mueller may be able to wrap it up without the interview. >> there's no surprises. he can say i want to talk to your client about the heart of the case. >> i'm not sure that i agree that mueller is all that interested in interviewing the president. we have speculated about that, but when you have an obstruction case, you don't get to interview the target and you build as a prosecutor that case based on what took place and what resulted from what took place. here, mueller got all of the facts out and got the president writing this letter trying to explain away the june meeting in trump tower and using facts that were untrue. he has the comey firing. i'm not sure that interviewing the president adds that much and we are assuming here that the president is the target of an investigation. that may not be true. mueller has already told we have learned the president is a subject not a target. the president may never be a target. mueller may have decided that he can't be indicted and in that case interviewed like any other witness with a grand jury subpoena and if he's a target, subpoena is frowned upon on the policy. >> that meant it was only tuesday for us, but the piece you did about the president's utterances and calling it a witch hunt and the tone and content of what he's saying on twitter doesn't sound like he is trying to proclaim michael cohen's innocent. >> talking about the russia probe and the legal challenges such as the cohen situation in new york. from a perspective of guilt almost and it may be unconscious on the part of the president. but the way he speaks about it gives the impression that he has something to hide and he may be guilty. we saw that on twitter, he was talking whether michael cohen can flip and arguing that he doesn't think he will flip. if he doesn't have incriminating evidence on the president, what is there to flip about? he casts himself in a with a i that is unusual but as joyce on the panel i interviewed her for this story and pointed out this is behavior that is reminiscent in criminal behavior. >> it was fantastic. julia, i have a dramatic for you. this is "the washington post" reporting, let's call this segment -- trump hired the raskins after meeting them for the first time. decision over shadowed that former new york city mayor would join the team and take the lead in negotiating with mueller. they have tried and defended clients in criminal cases and hardball negotiation with prosecutors, skills trump would need. and trying to use attorney/client protections if keeping investigators skou we aring -- who spoke on the condition of anonymity to discuss confidential discussions. i love modern day disclaimers in 2018. julia, what do you make of that? these will two attorneys, husband and wife. met them at march ra maro lago t matured. >> they haven't got enough attention and dark horse liars indicative of the president's broader legal strategy. he brought on giulani someone who understands and what co men may be able to say about hissen client, the president. and bringing on the husband and wife team that are notorious able to get people off. it seems like all of the evidence is stack against them and the clients walk away scot-free. it is to someone like andrew wisemen. they are trying to build up a team around a defense based on what is going on in new york. for people who i have spoken to, it sounds like the president is worried about what it coming out of the southern district. what information they might get from michael cohen and building his legal team around that. hearing less about rod ros rosenstein. and now focused on the husband and wife team in florida. the hiring of people who are loyal to him and can fight back against someone like andrew who is good at being able to flip witnesses. this is indicative of not only the anxiety that the president is under and where the anxious is being focused. >> i had to read twees that the president is making himself available to go over everything seized from his lawyer's office. and go through what they have and talk about the precedent for this and how it lives in reality. >> well, the president of course, has objected to the use of the government's tainting procedure. this is how government attorneys typically operate to ensure that a prosecution team doesn't see material covered by the attorney/client privilege when they search a client or attorney's office. it is a standard procedure. the president objects to it here and he has a dilemma created for him. michael cohen asserted the fifth amendment privilege in the stormy daniels case, he can't testify and the payment of $130,000 without subjecting himself to criminal liability. and that would seem to me that any files in his office aren't attorney/client privilege files. if there's criminal conduct between a attorney and client they are not protected. so we have trump coming in offering to review then files. his lawyer told us that it would not be attorney/client and saying i will personally be available to look them over and wants to get a first cut at the evidence. >> makes easy for we civilians to understand this. we are covering every denied. to julia, and joyce and philip thank you. coming up for us, michael cohen announc announces he will take the fifth in the daniel's case. and stormily daniel's lawyer has something to say about that. the president's navy doctor nominated to run the v.a. faces newal gags of prescribing himself meds and drive ago vehicle and more on "the 11th hour. " hey, want the fastest internet? done. and now, xfinity mobile is included. you can get up to five lines. you can save 400 bucks or more a year, which you can spend on a funk-tastic music video. ♪ dance party boom. ♪ simple. easy. awesome. come see how you can save $400 or more a year with xfinity mobile. plus, ask how to keep your current phone. visit your local xfinity store today. play [music plays]his". when everything's connected, it's simple. easy. awesome. . this is the personal attorney to the president of the united states for at least the last ten to 12 years. that same individual that the president appointed you, other members of the media and the american people for answers is refusing to provide the answers and claiming he can't answer the questions because the answers will inkrim that hicriminate hi. this is staggering development, it cannot be over exaggerated or overstated, this is a big deal. stormy daniel's attorney speaki speaking to our colleague moments ago. michael cohen taking the fifth and stormy daniels filed against him. the on going criminal investigation in the southern district of new york the reason to assert his fifth amendment privilege. earlier this month raided the offices and residences of cohen relating to the $130,000 pay out he made days before the election to stay silent about the affair with trump. it came from his own personal funds. and now president trump said on air force one, he didn't know about the payment and the white house said that president trump never had an affair with daniels. today's news comes when his lawyer said he will make himself available. nbc nie nbc news says that the president will aid in a potential review of the materials taken by the fbi to determine which items are subject to state's attorney/client privilege. over seeing the filtering of the materials. trump's involvement would need to be authorized by the judge. to repeat in plain english, the president of the united states saying i would love a crack to see what you gathered up at my lawyer's office as you open it and go through it. senior correspondent and former assistant attorney for the aforementioned southern district of new york. daniel, let's start with taking the fit before fth before we ge image of the president going through box that say evidence. we no it doesn't imply guilt, what does it mean? >> the bare case that it doesn't mean that much is that following the searches and the reflation and that there's an intensive investigation, any defense lawyer would say i'm not going to have him under oath even if he is innocent because somebody else thinks he is committing crimes. it is not as michael said, necessarily, an admission that if i speak under oath i will be incriminating myself. that is not what the fifth amendment is and that is in the what he is doing. >> are you telling me that stormy daniel's lawyer is protecting he is client and may have over stepped the bounds? >> he said it cannot be exaggerated or overstated t. is an event that he is sitting here and taking the fifth in a lawsuit by trying to force the nd skparks i think now he wishes he took the settlement that stormy daniel offered. it can't go away because michael and stormy daniels add add claim of defamation against cohen or else he would get rid of this as fast as he could. >> i have a question for you, can the president remain silent on these doings were talking here? >> remain silent? could he take the fifth? >> is he going to remain silent from commenting on michael cohen, for example. >> i'm glad you asked, i saw this evening and the president tweeted that he will be appearing tomorrow morning on 8:00 a.m. on fox and friends but the president watches quite faithfully and gets excited about and the fact that he is appearing on fox and friends which will be stoking his pressure points and his resentments, i can't imagine -- we are used to waking up and the president tweeted three or four times and in the newsroom we are scrambling to respond. it is going to be a banana za. he may be weighing in. he can't remain silent when you have -- he knows how to enflame the situation. i expect we will be hearing a lot from mr. trump. >> daniel, when the president says he will make himself available to go through evidence, isn't he and i don't say this argumentively, the last person who should be decided on attorney/client privilege? >> i agree with you on the last point. that ship has sailed because the judge ordered last week for the government to turn over the materials that were seized to michael cohen. once she did that, the cat is out of the bag. whether it is the judge who is going to make the decision or a special master or a magistrate judge, someone is going to have to make the decisions and once trump and cohen have the information, it is trump's privilege to assert. so i don't expect as you mentioned him to be on the dprou ground weaving through boxes. the hot docs that the lawyers find may be relayed to him. the sub text is that the judge issued a surprising order to hold a conference to ascertain what is going on. in reading the documents, the sub text is is this special master that the defense asked for going to delay things exponentially and so i think trump and his team were paint in a box where he had to say he was available or otherwise, they were not going to get the relief they wanted. >> and everybody worried about undue delay. the president snapped at someone and called the potential pardon of cohen, stupid. >> i think it is a valid question. pardon, scooter libby who was not a front burner topic of conversation and came -- an act to come a the a moment like this and reintroduce in everyone's mind whether a pardon could be part of a legal political strt and we know from good reporting from newspapers that the president has at least, the president's lawyers have raised the ideas of potential pardons in conversation. it is not something that reporters are conjuring out of thin air. it's been a conversation within the president's legal team. it would be encredibly dramatic act but the president has unlimited power to pardon. not much people can do about it. so it is kind of his nuclear bomb at this point and we don't nowhere he is willing to use it. it is a president not interested in historical norms or tasted of people commenting about his behavior on television. you can't rule it out. >> just when i thought we were not in the nuclear bomb business, apparently we are. thank you for tonight. coming up, the veterans the most important thing about the v.a. which may have to go a while without a new boss when we continue. ahh... summer is coming. and it's time to get outside. pack in even more adventure with audible. with the largest selection of audiobooks. audible lets you follow plot twists off the beaten track. or discover magic when you hit the open road. with the free audible app, your stories go wherever you do. and for just $14.95 a month 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could finance a project this difficult and this large, and that was citi. preserving affordable housing preserves communities. so we are doing their kitchens and their flooring and their lobbies and the grounds. and the beautification of their homes, giving them pride in where they live, will make this a thriving community once again. ♪ welcome back. tonight new reporting on dr. ronny jackson, the president's pick for v.a. secretary. two sources telling jeff ben nit and casy hunt that yak sjackson talking with senior white house officials about taking his name out and his future can come early tonight or tomorrow. "the washington post" first to report on jackson's thinking saying, quote, jackson has grown frustrated with the nomination process and told colleagues he may remove his name with consideration with deliberations. comes as a summary released today from democrats on the senate veterans affairs committee. new allegations against jackson. involve miss handling like opioids, writing prescription ps for himself and wrecking a government vehicle while intoxicated. today in a brief comment to nbc news, jackson denies the car crash. >> i did not wreck any kind of car, thank you. >> haven't been confirmed. tonight "politico" reports collapsing and the question of the day is not if but when president donald trump pulls the plug on ronny jackson. in the senate no one is predicting that jackson will be confirmed and no republicans stepped up to his defense and the report is cratering. phil rucker agreed to stick around to talk about this and we welcome back jackie. it being now 11:33, 11:34 p.m. what is your current status of this? >> i thought he would have been gone 24 hours ago. we were prepared for him to announce the withdraw for nomination yesterday. after what the president said at the press conference at the white house with french president macron. where he said he stood by him and then he said i don't know why he wants the job and why he wants to go through process. it seems like an invitation to withdraw and it is astounding. >> phil, i know this came up in the briefing today and as i'm watching i hope no one is confusing a promotion procedure with a vet. vetting is a term of art in washington and it means an fbi full field investigation and they take a hard look at your life. working in proximity of the president we since known about all kinds of bad characters who worked around this president and others. does this point out a vet problem and a procedural problem that was allowed to hang out for enough days to attract more allegations as it did tonight? >> clearly, brian, there's a vetting problem in the white house if the allegations are coming to late and were not known to the white house before president trump tweeted that he would be the nominee to head the department of affairs. sarah sanders said there were four separate background checks. and at one point used the phrase vetting. did not detail what it was entailed. one conducted by the fbi, unclear if most or all of them took place before jackson was nominated for the v. a. it is likely he would have these sorts of procedures going on because of his proximity to the president. he was the personal physician so there's an interest on the part of the fbi and white house and the executive branch as a whole to make sure he was up to snuff to do that. talking to white house officials, they are confused about the allegations about jackson. they travel with him and know him. he is close to them personally and this is not the behavior they have seen and they are startled by it and caught off guard. >> i don't blame them. this is explosive stuff. jackie, as far as your reporting and understanding of this. whose decision will this be? >> the president said yesterday at his press conference he was leaving it up to ronny jackson. there is not anybody who think that is true. it is i can loo the -- like the chicken and egg situation. it is clear -- it is an astounding situation. the president talks about extreme vetting for immigrants but should apply that to his appointees. in this case i don't think there's indication of vetting much at all. he announced the firing of the pr predecessor by a tweet and naming dr. jackson. i think he knew him on a personal level. 15 months into the presidency at a time when most administrations would institutionalize and gotten better at it and the president became unilateral actor and acted on whim. the represents are not defending dr. jackson and losing support. the v.a. is one of the top agencies that members as much as they defer to a president to pick his own officials. >> one of the few things ermember of congress has in common. they go home to constituents. >> thank you for helping to explain this still moving story at this hour. coming up, let us not forget at the center of this political fight over the v.a. are the veterans who volunteered to serve our country and we'll talk about the president who promised to help them once he took office. more on that when we continue. p. if you're age 50 to 85, and looking to buy life insurance on a fixed budget, remember the three p's. what are the three p's? the three p's of life insurance on a fixed budget are price, price, and price. a price you can afford, a price that can't increase, and a price that fits your budget. i'm 54. alex, what's my price? you can get coverage for $9.95 a month. i'm 65 and take medications. what's my price? also $9.95 a month. i just turned 80. what's my price? $9.95 a month for you too. if you're age 50 to 85, call now about the #1 most 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to serve those who serve us. presently, there is no boss and it is not like the v.a.'s problems have gone away. they are in the news because of the president's nominee to run it, dr. ronny jackson. the domination is in deep trouble. current and former colleagues most of whom active duty military describe the admirable using unethical, explosive, toxic, abusive, dishonest and vindictive. founder and ceo paul. platoon leader in iraq. i have raised money for iava apply and not near enough for this guy, our next guest. paul, welcome. >> good to see you. >> what got my attention is when democrat of montana said he had 20 active duty military. this means they busted out of the chain of command and might mean the chain of command did not help them in this case. felt the need to approach the u.s. senate. what does that tell you? >> i have been talking this for over a decade. it takes some crazy stuff to push stormy daniels and comey out of the headlines for two days. this is bonkers. this is a whole new level. i think you bring up an important point. these folks haven't come forward yet and the senate is depending on the media and public to vet him. he was not vetted bit white house. the senate may not have the resources. the the chain of command in the military is different. folks can't just say something about their boss and walk out and quit. maybe tomorrow morning we'll start to see faces on the names and if they are substantiated and it is important to note, we don't know if they are. it is constant chaos an agency that had seven nominees since iraq and and the stuff that trump talk in the campaign trail is for not if we have to deal with this. >> one of the great iran war ground commanders what he said on twitter tonight. these a-- feel badly for ronny jackson, sharp and 12 years in the white house. if returned to navy, not competitive for a senior service position. totally unprepared for v.a. secretary, should withdraw and look at new charges. that's interesting coming from a retired four-star with tons of credits. who is not speaking up? your view? >> folks who served near him and over him. >> con pick would you sayly? >> absolutely. you haven't heard from the joint chiefs of staff. it steams like it is half cooked. usually you are ready for opposition and folks who talk about combatx experiences and what it was like during training. if they were ready to step forward, they would have done it by now. i feel bad for ronny jackson, the vet who came home and lost his or her leg and waiting for care. those are the people we should be feeling bad for. >> customer service, you brought a graphic with you about a word cloud design that came out of polling you did with your membership. this should break the heart of everyone watching tonight? what are they looking for from the v.a., leadership? what does the military teach? leadership. but look at that needs, care, that's heart breaking. >> yeah. we poll -- over 2,000 members in 48 hours and only about 28% supported jackson. we closed the poll tuesday morning before this stuff fell out. and we posted hundreds of questions from the members they wanted to hear jackson answer today if they had the hearing. whoever the next nominee will be the eighth since 9/11 we have hundreds of questions from average veterans. they have hard question frs the nominee and the american people. in the meantime, the american people can support organizations and local v.a. staff and the nonprofits. they are at the point of attack. the v.a. can't do it all even at its best. the this is time for america to send in reinforcements. >> thank you for keeping the faith and being a friend. coming up, all of the hugging and kissing aside. we'll show you what happened when the french president did get down to business today in washington. that and more when we continue. it is 1778 and the french -- and benjamin franklin met in paris. skr john adams tells the story that after they shake hands they embrace etch embrace each other by hugging each other and kissing each other's cheeks. >> french president emmanuel macron began his address to a joint meeting of congress today a wink in the nod towards the physicality with the relationship he developed with president trump. the at times over the top petting and pawing and hand holding came close to over shadowing, the reason from the gathering. from the iran nuclear deal and the paris climate accord. today, macron got down to business to remind the host, he is a the head of a power, nuclear nation and oldest alliance. standing in the house chamber with the senate in attendance. he made it clear he has significant disagreements with his host, president trump. >> we are killing ouren planet. let's face it, there is no planet b. i'm sure, one day the united states will come back and join the paris agreement. there's an existing framework called the jcpoa to control the nouk lar activi nuclear activity of iran. we signed it at the initiative of the united states. we signed both the united states and france. that is why we cannot say we should get rid of it like that. to protect all democracies we have to fight against the every growing virus of fake news which exposes our people to irrational fear and imaginary risk. we have two possible ways ahead. we can choose isolationism, withdraw, and nationalism but closing the door to the world will not stop the evolution of the world. will not doubt but in flame the fears of our citizens. >> we have had a little fun with his accent. interesting opponent ask yourself when was the last time an american president spoke to the french legislature in french. president macron flew back to france and the big next guest is merkel on friday. it went over big with one republican political veteran, steve schmitt said it is perfectly clear that macron is the leader of the free world. trump vacated the job. that is lifelong republican steve schmitt. another break come up. proof that even president's get buyers remorse from time to time. from the very beginning ... it was always our singular focus, a distinct determination. to do whatever it takes, use every possible resource. to fight cancer. and never lose sight of the patients we're fighting for. our cancer treatment specialists share the same vision. experts from all over the world, working closely together to deliver truly personalized cancer care. specialists focused on treating cancer. using advanced technologies. and more precise treatments than before. working as hard as we can- doing all that we can- for everyone who walks through our doors. this is cancer treatment centers of america. and these are the specialists we're proud to call our own. treating cancer isn't one thing we do. it's the only thing we do. expert medicine works here. learn more at cancercenter.com cancer treatment centers of america. appointments available now. one last thing before we go tonight, a reminder of what it takes to be president. let's start with a bigger than average sense of self. running for president means by definition at some point in your life you get up in the morning and look at the image looking back at you and say yeah, they need me. i'm the person for the job and to run the country but like most things in life, the job of president sure looks different from the cheap seats. some of our presidents have really disliked the job and i'm looking at you william howard taft and others have complained and revelled in the job by being bad at it and on top of whatever else you want to say about this president, he seldoms misses an opportunity to point out how he seldom liked his job before he had this job. he did it again this week in relation to the white house doctor under siege and has done it before. >> i said to dr. jackson, what do you need it for? if i were him, i would love to be him. i wouldn't do it. what does he need it for? >> what advice would you give to the 25-year-old donald trump knowing what you know now? >> don't run for president. >> they treated me so good before i ran for president. i am somebody who has given up a lot. my other life was very good. i had a very good life. i had a very good life. >> i loved my previous life. i had so many things going. i actually -- this is more work than my previous life. i thought it would be easier. i'm a detailed-oriented person. >> as doctors say our current president presenting with a possible case of president's remorse. good night from nbc head quarters from here in new york. >> we have breaking news and damaging new allegations against the white house and the president picked to run the v.a. what happened with the officially for the record, he will plead the fifth in the stormy daniels case. we begin with the big news from the "washington post." with the report just about lawyer old that rudy giuliani, the president's new personal lawyer met yesterday with special counsel robert mueller in order to reopen negotiations for a presidential interview. according to three people familiar with the talks. at one time, at least according to this reporting, the president seemed keen to sit down with mueller and his investigators even telling reporters "i would love to do it." but trump reportedly soured on the idea early this month after federal investigators raided the offices and home of his closest associate and attorney mike cohen. according to "post," giuliani conveyed to mueller the ongoing resistance of trump and his advisers to an interview with

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Transcripts For MSNBCW The Last Word With Lawrence ODonnell 20180425

betting against. i don't think he is going to be the nominee a week from now. this is happening way too fast. >> the thing i don't understand is why the white house released the inspector general report into ronny jackson tonight. they gave that out to reporters. this was supposedly part of an effort to save his nomination. that ig report into ronny jackson is really, really sca e scathing and negative and not at all good for him. the fact that the white house is handing that out as part of trying to save his nomination to me is oppositeville. and i can't quite figure it out. >> i see it as the white house handing it out actually to persuade ronny jackson to by, say, oh, i don't know, friday night withdraw his nomination. because the president, of course, today said it's up to him. that's what he is saying publicly. it's up to him. and the president said i wouldn't do it myself. i wouldn't go through this stuff. the president is saying everything he can publicly to basically encourage ronny jackson to just give up. >> yeah. and it's interesting. as you say it that way, that is a very convincing argument to me. and it just makes me realize you can't just -- there may be a different dynamic at work when you're expecting the guy to come back and be your doctor afterwards. if this is somebody else, you could be like due dude, you're out. we didn't know all that stuff about you. but when the dude is likely to come back to his old job which is being your doctor, it might be uncomfortable if you yanked him like that. so that may be adding weight to the idea they want him to pull his own name. >> everything about this is uncomfortable, beginning with ronny jackson's endorsement of donald trump's diet when he was -- after he did the physical exam. >> i share the president's taste in food. so i have no opinion on this matter. >> no comment from robert mueller -- rachel maddow. thank you. french president emmanuel macron is trying to be donald trump's best friend to save the world, to save the world from possible world war iii sparked by iran's possession of or use of nuclear weapons. that is what is at stake in president macron's present friend l friendness. trying to prevent world war iii or some lesser nuclear disaster by trying to preserve the deal made by the united states and five other countries to prevent iran from developing nuclear weapons. and president macron is also trying to convince president trump not to impose harmful tariffs on france and other european countries, tariffs that would be harmful to france and would be harmful to the united states. in other words, emmanuel macron spends all of his time with donald trump trying to prevent donald trump from being harm to himself, his country, and the world. and of course president macron is obviously far more intelligent and articulate and wise and younger and more attractive in every way than donald trump. and that has to drive donald trump just crazy, crazy to the point of possibly pretending to see something that only his 71-year-old eyes can see. >> mr. president, they're all saying what a great relationship we have. and they're actually correct. it's not fake news. finally, it's not fake news. so it's a great honor. a great honor that you're here. but we do have a very special relationship. in fact, i'll get that little piece of and the rough off -- we have to make him perfect. he is perfect. >> if he is perfect, he was perfect, he was perfect before donald trump touched him. because there isn't even any photographic evidence that there was a piece of anything on the perfect french president's perfectly fitting suit coat. that was more likely donald trump's buffoonish attempts to exercise some sort of superiority over the french president who did not find anything undonald trump's ill fitting jacket that he thought he had to remove. it was donald trump's way of saying macron might be perfect, i am more perfect. and moments later, as that photo op in the oval office was ending, president trump answered a couple of reporters' questions about the iran deal. and then abc's jonathan karl squeezed in a question about pardoning michael cohen. >> mr. president, what about michael cohen? are you considering a pardon for him? >> thank you very much. stupid question. >> stupid. stupid question. the "the last word's" copyrighted software for translating trump language to what trump language actually means shows that actually means that is the best question of the day, and i have no idea how to answer it. but i spend the day thinking about nothing else. it is the most difficult question donald trump is facing tonight in the white house. the question of pardoning michael cohen. and here is the hardest part of that question for donald trump and the people working for him who have no doubt been ordered to figure out the wording, the drafting of a possible pardon for michael cohen for the president to consider. for what? pardon michael cohen for what? pardons are granted for specific crimes, usually specific crimes that the person has been convicted of. that's what president trump did in his practice pardon of sheriff joe arpaio who had been convicted on the federal charge of contempt of court. that's what president trump did in his spring training pardon of scooter libby who was convicted of obstruction of justice and lying to investigators while working in the bush/cheney white house. but michael cohen hasn't been convicted of anything. hasn't even been charged with anything. so pardon him for what? president trump issued the scooter libby patterned days after michael cohen and president trump were shocked by the fbi raid on michael cohen's home, his office, his hotel room, and his safety deposit box in manhattan. several observers have noted that the sudden patterned of scooter libby in the same week as the michael cohen raid was probably intended to show michael cohen how ready the president is to use his patterned power for his old friend michael cohen. and after pardoning scooter libby, president trump delivered the message through one of scooter libby's lawyers that he didn't even really care about scooter libby. >> i saw him, and i talked to him when he gave scooter libby a patterned. and he was thrilled. he called me and he said, listen, i don't know this guy. all i know is he got screwed, and i am so happy to give him his life back. >> the message to michael cohen is if he'll patterned scooter libby, obviously he'll patterned you. listen, i don't know this guy is trump speak that means i don't care about this guy. president trump has done everything he can to communicate that he does care very much. cares about his old friend michael cohen who is in the worst trouble of his life, which means donald trump is in the worst trouble of his life because michael cohen's e-mail signature still says michael d. cohen esquire, personal attorney to president donald j. trump. when your personal attorney gets raided by the fbi you are in trouble. federal investigators who are po woring through the evidence are no doubt pouring through donald trump's name and possible recordings of donald trump on the phone with michael cohen, recordings that michael cohen was known to have made and kept, and that is why everyone is talking about the possibility of michael cohen flipping and becoming a government witness against donald trump. the president himself has tweeted about michael cohen possibly flipping, saying he doesn't believe michael cohen will flip. you heard on this program jay goldberg who served as donald trump's attorney for decades and knows michael cohen insisting that there is more than a 99% chance that michael cohen will of course flip and testify against the president. and so there is no more urgent question in donald trump's life than what can i do to stop michael cohen from flipping, which leads immediately to the question of pardoning michael cohen, which is easier said than done. for what? patterned him -- pardon him for what? prosecutors are no doubt ready for that. so they perhaps could charge michael cohen with one thing to see if the president pardons him. if the president gets a pardon maybe prosecutors come back with more pardons. the most famous and important pardon in american history was delivered by a president to a president. president gerald ford's part of former president nixon a month after president nixon resigned the presidency. that pardon, in that pardon, president ford chose a very unusual form of pardon. but president trump's lawyers are no doubt studying tonight. here is the exact wording of the most important pardon in american history. now therefore i gerald r. ford, president of the united states pursuant to the pardon power conferred on me have granted by these presents to grant a full, free and absolute pardon unto richard nixon for all offenses against the united states which he, richard nixon has commit order may have committed or taken part in during the period from january 20th, 1969 through august 9, 1974. it was a calendar pardon. president nixon was pardoned for any possible crimes committed during a fixed period of time on the calendar that covered every day of his presidency. not one day more, not one day less. if donald trump wants to pardon michael cohen right now, that's the kind of pardon he would have to issue. a kind that would pardon a time period and not a particular offense. okay. so what time period? to keep michael cohen out of federal legal trouble, donald trump would have to offer a pardon that extends backward beyond the statute of limitations for every possible federal crime that michael cohen could be charged with. and that would extend long before the time of the trump presidential campaign. and the explanation of that part would be the trump speech writers' greatest challenge yet. joining us harry litman, deputy assistant attorney general under president clinton. mike murphy, republican strategist who has advised both mitt romney and senator john mccain's presidential campaigns, and john heilemann, national affairs analyst for nbc news and msnbc. and he is the co-host and executive producer of showtime's "the circus" sunday nights on showtime. harry litman, they're in a box if they're trying to draft the wording of a pardon for michael cohen now. >> the box is even stricter than you say, lawrence, because if they try to give him this sort of peremptory pardon, eric schneiderman in new york is in the wings. there is a double jeopardy statute in new york. and if he is charged in a federal matter, if a jury is impanelled, then new york as it now stands can't go into the breach. but if he just gives this kind of all in pardon, that doesn't cover snydermid schneiderman's follow through. he is the one guy the jurisdiction most covers. i think they need to let him be charged first and then pardoned or else schneiderman is in the wings. >> and mike, donald trump doesn't want to wait to see him be charged. >> right. >> that allows the fbi and the prosecutors all that time with all that evidence. and so he wants to stop them from working on that evidence. >> right. >> from developing a case against michael cohen. what does he do? >> well, any pardon is a political disaster because it's obviously so linked to the president's self-interest. if i were michael cohen, i would be thinking do i trust donald trump, having been his henchman for so many years, having seen him break so many commitments to so many people. then i think what would donald do if he were i? he would flip. he would flip in a new york minute. he would race over there to protect himself. nobody is a bigger expert on the ban nalt of donald trump than michael cohen. with that great learning, i would expect him to act in his own self-interests just like his old boss. >> reports michael cohen is stunned by the size of his legal expenses already, kind of reeling under them. they only get much worse if you end up going to trial. you know michael cohen. you've dealt with him. you've dealt with donald trump on the campaign trail. how do you read this situation tonight? >> i read the situation a lot like how harry and mike murphy do. i think that that every day that passes, michael cohen, where he is not charged and where the pressure is building, the legal expenses are building, and to mike's point, the fundamental unreliability of donald trump, michael cohen i think you've seen various messages that have been sent. they've been sent in the form of pardons. they've been sent in the form of pardons dangled. they've been sent in the form of the twitter that donald trump is trying to let michael cohen know, hey, buddy, i got your back. i think that cohen has seen donald trump do some pretty awful things to people after telling them that he had their back. and i think michael cohen is looking at if there is a proffer to be made here and a deal to be cut that involves full immunity, that has that degree of certainty, you can cut this deal, you'll have immunity, and you won't have to worry about do you trust donald trump, you won't have to worry about eric schneiderman. you don't have to worry about anything of these things. full immunity. i can't imagine michael cohen given his family, given the expenses involved and given the prospect of one small slip leading to jail time, i just can't imagine michael cohen is not going to make that deal. >> and harry, one more dilemma involved with the party. pardon. the second issued to the president, if he can come up with it than michael cohen has no more fifth amendment rights with robert mueller and any other investigators investigating donald trump. they pull him into a grand jury, he cannot plead the fifth amendment. he has to answer every question. because he can no longer self-incriminate because he has been absolved of that possibility in the federal courts. >> that's exactly right. probably in that context he is not so forthcoming, but he has to tell the truth. we've been hearing all analogies of trump as a mob family, et cetera. what is happening to cohen right now is a lot like sammy the bull situation. it's not just the big sentence dangling over his head which as john says is imposing, but this is what you do with mob guys. he says he feels isolated. they're telling him trump doesn't really respect him. that's the big thing. they're sort of -- they're making it seem like oh, manafort and corey lewandowski, they're closer to trump. they didn't bring him into the white house there is a whole kind of head game going on with cohen even beyond the actual sentence that all works toward sort of separating out that deep bond he's had to take a bullet for the boss for years. >> and "vanity fair's" reporting tonight through michael cohen's friends that he was encouraged by donald trump's tweets, saying he doesn't think he is going to flip. i'm going to read a passage of this that includes the p word which includes to pardon. it's not referring to anything involving donald trump in moscow in a hotel room. from "vanity fair" report saying he knows donald trump is in his corner, even though they are not speaking right now, messages were sent. i don't want to use the p word. i don't want to use it. i think the president was making it very clear that he is not abandoning michael. and so mike murphy, the president seems to according to cohen's friends been successful in giving him the feeling he is not abandoning him. and of course you're going to say michael cohen says yet. >> hasn't abandoned him yet. >> talk is cheap in this sort of thing. being charged is reality. maybe, maybe he is the one guy in america who trusts the president to have his back, even with a tortured pardon that legally is quite tricky and other vulnerabilities. he might be that dumb. but if he has good counsel or somebody looking at his interest, not any emotional connection he has to the president, he can pay a huge price for donald trump if he wants to. and hope for a pardon. we'll see. i wouldn't trust the president based on history. maybe he knows a better trump than i do. >> we will see. we have to take a quick break here. when we come back, the accusations are piling up against dr. ronny jackson, as rachel and i talked about, the trump nominee to be secretary of veterans affairs. dr. jackson will surely no longer be the trump nominee by this time next week. and donald trump sure sounds like he already knows that. and later, president trump's first national security adviser pleaded guilty to the crime of lying to the fbi. but donald trump lied to the fbi director. is that a crime yet? once there was an organism so small no one thought much of it at all. people said it just made a mess until exxonmobil scientists put it to the test. they thought someday it could become fuel and power our cars wouldn't that be cool? and that's why exxonmobil scientists think it's not small at all. energy lives 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[ cheering ] what up, dog? show me top artist. unbelieveable. i've got my whole family up here. look at my dad looking all sharp. with just the sound of your voice, xfinity x1 gives you a front row seat to the billboard music awards, including throwback clips from some of your favorite artists. the 2018 billboard music awards, sunday, may 20th. only on nbc. some people have just great genes. i told the president that if he had a healthier diet over the last 20 years, he might live to be 200 years old. i don't know. >> tonight dr. ronnie l. jackson is desperately in need of the credibility that he threw to the wind the day he stood in the white house briefing room and praised the cheeseburger lifestyle of the obviously physically unfit president of the united states. the president rewarded that performance with the nomination of dr. jackson to be the next secretary of veterans affairs. senator jon tester, the senior democrat on the veterans affairs ki committee which has postponed dr. jackson's confirmation hearing indefinitely spoke this afternoon about allegations against dr. jackson that the committee is now investigating. >> they've fallen in three different areas. improper dispensing of prescription drugs, repeatedly drunk while on duty while traveling, and creating a toxic work environment. by the way we had 20 military folks and retired military folks tell us these stories. in the previous administration, we were told the stories he was repeatedly drunk while on duty where his main job was to take care of the most powerful man in the world. that's not acceptable. >> and it got even worse for dr. jackson when senator tester said on cnn tonight that dr. jackson's nickname in the white house was candy man because he casually handed out prescription drugs. >> that's not a nickname you want in a doctor. if you consider the prescription drugs we have a problem with in the country, it's not an example we need to have set. >> dr. jackson is not going to be the next secretary of veterans affairs. but he doesn't seem to know that yet. here he is on capitol hill today. >> you've seen the allegations, a hostile work environment, allegations of obviously drinking on the job, overprescribing medication. are you saying those are categorically untrue? >> i'm saying i'm looking forward to the hearing so we can sit down and i can explain everything to everyone and answer all the senators' questions. >> but donald trump knows there is not going to be a hearing. donald trump knows it's all over for the good doctor. here is what the president had to say this afternoon. >> i said to dr. jackson, what do you need it for? so we'll see what happens. i don't want to put a man through whose not a political person. i don't want to put a man through a process like this. it's too ugly and too disgusting. so we'll see what happen happe. he'll make a decision. here is man who has just been an extraordinary person. and he has to listen to the abuse? i wouldn't, if i were him. actually in many ways i would love to be here. but the fact is i wouldn't do it. i wouldn't do it. what does he need it for? >> back in our discussion, mike murphy and john heilemann. john heilemann, you spent the day at the white house. did they actually think there is any chance of this nomination surviving even into next week? >> i was about ten feet from donald trump when he made those comments, lawrence. i was sitting right to his left in the front row. and i have to say you could -- your interpretation of what donald trump was doing there was about as obvious to i think me and everybody else in the room, anybody who has ever been, who has ever seen a nomination go down in washington, d.c., have to be able to draw on. you see the president, he could not have been clearer. he does not want to have to tell the guy to actually cut him lose. but he wants the guy to get the message. he was hinting as strong as he could. when donald trump, the ultimate narcissist says hey, if it was me, i would drop out that is his way of saying dude, you should drop out. you think of the reputation of ronny jackson, this candy man thing talked about on cnn, that is a phrase that is new to the public discourse in relation to ronny jackson. it is something that have i heard from others in the white house in not just in this white house, but in the previous white house that that nickname was attached to him. it is the case that he was going to have a hard time getting confirmed under any circumstances because he is not really qualified to run the v.a. but the combination of what's coming out now, his lack of general qualifications at the management level, and the opioid crisis that we're facing in the country right now, there is no scenario that i can imagine in which this guy can possibly get through. i think that he will probably be out by the weekend. >> here is one episode described by the witnesses to dr. jackson's conduct in "the new york times" tonight. it said on one trip during barack obama's presidency, white house staff needed to reach dr. jackson for medical reasons and found him passed out in his hotel room after a night of drinking. tester aides said. the staff members took the medical supplies they were looking for without waking dr. jackson. and mike, it just -- more things just keep coming out at this stage, almost by the hour. >> this is washington death by leaking. tester is a guy with a political agenda and a tough race. the doctor is the wrong guy for the job from day one. and that is what happens when you don't vet. on the other hand, there has been a lot of ambien on presidential cross zone trips since ambien showed up in the early '90s is for good or bad part of a diplomat's tool kit. and a lot of obama partisan democrats have spoken up for the guy at least as a human and a doctor. and there was a massive power struggle between him and another captain in the navy over controlling that operation, which divided the thing into half. not a management compliment. but there are no shortage of unnamed people who can spill to a senate staff about how terrible it is. i think the good news for trump, who clearly sent the message today that it was over, i think, is there is a great candidate out there, toby cosgrove, bronze star from vietnam. one of the best heart surgeons in america. he is the best guy for the job. he would be one of the most competent people in the administration. he has been mentioned before as a perspective candidate for this in the obama administration. they ought to clean this up with him as fast as they can. >> john heilemann, the reports indicate that dr. jackson, as mike said, was handing out ambien for these long trips on air force one. and then another drug that i don't even know the name of to keep you awake once you arrive at these destinations. and that was a common practice they're saying through the obama presidency and the bush presidency before that. but there are 20 people, 20 people who have come to senate committee, some of whom still work in the white house medical office. >> right. >> who are telling staff submitting to formal interviews with staff about this nominee. that is an unprecedented outpouring of negativity directly to senate staff in a confirmation. that just doesn't happen. >> yes. i think that's right, lawrence. the naming of the drug you're look for is a drug called provigil which is an anti-narcolepsy drug that students take to stay up and study. it's a mild form of speed. provigil was pretty common in the bush administration and the obama administration where people pulled long nights working in the administration and also on the overnight trips, as mike said. the ambien or some other sleeping pill plus the provigil to stay awake for long stretches very common. the drinking on the job is the real problem, much more so i think than some of the prescription stuff. you can make too much of that, but you can't make too much of the notion of a doctor drunk on duty, and the fact that there are multiple witnesses that seem to be coming forward to the senate staff and to the press just makes it untenable. like i said, i think the question is just a matter of when it's going to become real to him and inescapable to him, not a question of whether. it's just a matter of timing and that means the end of this week or if he drags it out into next week, i don't know. >> and mike, this is a public figure who already in his one big moment in the spotlight just brought ridicule upon himself for the way he described donald trump's health. and it turns out he left out all sorts of information that is negative about donald trump's health in that physical exam. and that's -- he came out of that with no credibility. but i'm not sure there is any so-called credibility that could get him past where he is now. >> he wounded himself then. and this whole thing was ill-conceived because they're jumping him from a job to a massive bureaucratic management job of a huge agency, which is a special skill set. very few people in the country are able to do this. and so it was a bad fit to begin with. and now we have this cloud around him. so, yeah, i think he should take one of those wake-up pills tomorrow, read the headlines with a clear awake head. and we can thank him for his service. the obama guys from david axelrod on down say he was a good white house doctor. he served in the military. he was in afghanistan. i don't think he is a bad guy. some of the character stuff that tester is jumpi intoward has a little whiff of mccarthyism. let's just focus on is he able to run the most troubled department in the government. >> the interviews the committee staff is doing, it's bipartisan. johnny eisen, republican chairman is relying on that very same staff with the very same information. well will see how far this one goes. mike murphy, john heilemann, thank you both for joining us tonight. really appreciate it. >> thanks, lawrence. >> thank you. coming up, president trump's then fbi director james comey said that trump told him that he did not stay overnight for the miss universe pack. thomas roberts, the co-host of the miss universe pageant says that that's not true. and trump's flight records now say that that's not true. that's next. over... hey, want to try it? ok here you go... over... under... hey whoa, pop, pop... your shoe's untied. ♪ ensure he's well taken care of, even as you build your own plans for retirement. see how lincoln can help protect your savings from the impact of long-term care expenses at lincolnfinancial.com. in a small suv. that means more standard features and more upgrades for a lot less than expected. the all-new ecosport. it's the big upgrade in a small package. from ford, america's best-selling brand. see what you can get for under 20 grand with the all-new ecosport. see whawe need to help more fortocalifornians get ahead.d, that's why antonio villaraigosa brought both parties together to balance the state budget with record investments in public schools... and new career training programs. as mayor of la, he brought police and residents together to get illegal guns off the streets and keep kids out of gangs, and on the right path. that's antonio villaraigosa. a governor for all of california. play [music plays]his". when everything's connected, and trump's flight records now no comment. no comment is what thomas roberts said when he was asked by the daily beast whether he has been interviewed by robert mueller's team of investigators. no comment. but the comment that thomas roberts did give to the daily beast about donald trump proves donald trump lied to the fbi about how much time he spent in moscow in 2013 for the miss universe pageant. now, we all know that lying to the fbi is a federal crime. but no one has ever been charged with that crime because of lying to the director of the fbi. it's always a matter of lying to fbi agents in the field who are clearly doing investigative work. when james comey was fbi director and was having what was supposed to be a friendly social dinner at the white house with the president, director comey was not on an investigative mission. and so any lies donald trump told in that setting weren't going to rise to the level of federal crime. as james comey's book tells it, and as his recently revealed memos of his conversations with president trump show, donald trump repeatedly told james comey that it was impossible for him to have had an encounter with russian prostitutes in a moscow hotel room because as comey's memos state, he didn't stay overnight in russia. that was the first time the president mentioned that during the comey dinner. and then at a second time in the oval office, the president said according to the comey notes, quote, he hadn't stayed overnight in russia during the miss universe trip. thomas roberts did stay overnight in russia for the miss universe trip. he spent a few nights there because thomas roberts was the co-host of the miss universe beauty pageant. thomas roberts was also then an msnbc news anchor and a friend of this show where he sometimes appeared and remains a friend of mine. so count me among what i'm sure are the millions who believe thomas roberts over donald trump on this one. thomas told the daily beast, quote, the first time i met donald trump, it was in moscow on november 8th, 2013. i taped a sit-down interview with trump the next day on november 9th. that was also the date for the miss universe broadcast. during the after party for the miss universe event, mr. trump offered to fly me and my husband back to new york. he said he would be leaving directly from the party. we were unable to accept the invitation. that was the early morning hours of november 10th. so thomas roberts no s knows foe that donald trump spent at least one full night overnight in moscow. flight records obtained by politico also indicate that the president is not telling the truth when he tells james comey that he never spent a night in moscow. politico reports in fact trump arrived in moscow where he attended the miss universe pageant which he owned at the time on a friday. he left in the early morning hours the following sunday, spending one full night and most of a second one in the russian capital. so politico's records confirm thomas roberts' account. and nbc news reported last november what trump bodyguard keith schiller said in an interview with the house intelligence committee. after a business meeting before the miss universe pageant in 2013, a russian participant offered to send five women to donald trump's hotel room in moscow according to three sources who were present for the interview. that night, two sources said schiller said he discussed the conversation with trump as trump was walking back to his hotel room, and schiller said the two men laughed about it as trump went to bed alone. schiller testified that he stood outside trump's hotel room for a time and then went to bed. one source noted that schiller testified he eventually left trump's hotel room door and could not say for sure what happened during the remainder of the night. so why did donald trump lie to james comey about how long he was in moscow? that's the question next. i no wondering, "what if?" uncertainties of hep c. i let go of all those feelings. because i am cured with harvoni. harvoni is a revolutionary treatment for the most common type of chronic hepatitis c. it's been prescribed to more than a quarter million people. and is proven to cure up to 99% of patients who've have had no prior treatment with 12 weeks. certain patients can be cured with just 8 weeks of harvoni. before starting harvoni, your doctor will test to see if you've ever had hepatitis b, which may flare up and cause serious liver problems during and after harvoni treatment. tell your doctor if you've ever had hepatitis b, a liver transplant, other liver or kidney problems, hiv or any other 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director? >> i don't think it's a crime. but man is it bizarre. >> my understanding is it's not a crime. because james comey is not there in an investigative capacity. and that's really when the fbi goes with that. >> that's right. that's right. but nevertheless, at this dinner, he keeps circling around and coming back to it. he is like a narrater in an edgar allan poe story. he is just obsessed with it. he comes back and back. he says it's because of melania. this is the same guy who had an affair four months after his son was born. he lies about the alibi, as you say. it's the sort of thing, there is no crime on the surface. but man, would it get an investigator's antenna going. something is psychologically strange about the whole episode. >> let's listen to more from the man who actually experienced the strangeness of all of this talking to the president, james comey. >> right. >> i didn't ask about the business with the prostitutes, but he launched into an explanation as to how i should know that wasn't true and that he remembered now from talking to friends who had been with him that he'd never stayed overnight at the hotel. he just changed can clot ed clo and went to the miss universe pageant. this is what he said. and went right back. another reason he said it's not true, i'm a germophobe there is no way i would let people pee on each other around me. that caught me so much by surprise i actually let out an audible laugh. it was one of those i was startled by it. >> and today the germophobe appeared or claimed to reach over to move the dead skin of a frenchman off of his clothing. so the germophobe has some inconsistencies. >> it's true. there is this weird also overdenial to it. of course i never even slept there. and he is the one who keeps bringing it up. in that whole dinner with comey. he brings it up maybe three or four times back to it. there is some kind of strange obsessive thing going on there. >> no contest for me. donald trump versus thomas roberts on credibility on nights spent in moscow. i'm with thomas roberts. harry litman, thanks very much. thanks for joinings us. really appreciate it. the first time a president of the united states to call a north korean dictator honorable. was able to take care of my family while i was overseas serving. it was my very first car accident. we were hit from behind. i called usaa and the first thing they asked was 'are you ok?' they always thank you for your service, which is nice because as a spouse you serve too. we're the hayles and we're usaa members for life. see how much you could save with usaa by bundling your auto and home insurance. get a quote today. at a comfort inn with a glow taround them, so people watchi in this commer "wow, maybe i'll glow too if i book direct at choicehotels.com." who glows? just say, badda book. badda boom. book now at choicehotels.com. ♪ when i first came to ocean bay, what i saw was despair. i knew something had to be done. hurricane sandy really woke people up, to showing that we need to invest in this community. i knew having the right partner we could turn this place around. it was only one bank that could finance a project this difficult and this large, and that was citi. preserving affordable housing preserves communities. so we are doing their kitchens and their flooring and their lobbies and the grounds. and the beautification of their homes, giving them pride in where they live, will make this a thriving community once again. ♪ we're watching the special election in arizona's eighth congressional district tonight to fill house seat vacated by trent franks who resigned in disgrace after offering one of his female staffers $5 million to be a surrogate mother for his children. he was also accused of other inappropriate interactions with his staff. it will take a very big blue wave for the democrat to win in what has been a very safe seat for republicans. steve kornacki has of course been following this one closely. steve, what's the latest? >> happy election night, lawrence. this is an unusual election. first of all, as you said, this is the democrat here. clearly the underdog tonight. trump won by 21. romney won by 25. deeply republican district in the west valley there outside phoenix. for democrats, obviously they'd like a win tonight. that seems unlikely. but the question is can they cut into that trump margin significantly? that is something we've been seeing in some very unlikely places in other special elections around wichita, they cut 20 points off trump's margin in the special election. in south carolina around rock hill last year that. >> put 15 points. we saw them win pennsylvania. we saw them win an alabama senate race. if they don't win, can they get it to six, seven points margin is the thing? if this is a single digit race, democrats are talk wave. the other thing, this this is unusual, get this, lawrence. about 15 minutes from now, almost 80% of all the votes that are cast in this special election are going to be released. the results all at once. early voting, heavy early voting state. they're already counted. they are waiting for that clock to hit 11:00 eastern, and they're going to release probably 80% of all the ballots cast. probably 15 minutes from now, we're pretty much going to know what this thing looks like. >> steve kornacki delivers the best tease brian williams has ever had. thank you for joining us. we will see you back here at 11:00 with brian williams when those results come in. tonight's last word is next. just listen. 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( ♪ ) it's the details that make the difference. only botox® cosmetic is fda approved to temporarily make frown lines, crow's feet and forehead lines look better. it's a quick 10 minute treatment given by a doctor to reduce those lines. ask your doctor about botox® cosmetic by name. the effects of botox® cosmetic, may spread hours to weeks after injection, causing serious symptoms. alert your doctor right away as difficulty swallowing, speaking, breathing, eye problems, or muscle weakness can be a sign of a life-threatening condition. do not receive botox® cosmetic if you have a skin infection. side effects may include allergic reactions, injection site pain, headache, eyelid and eyebrow drooping and eyelid swelling. tell your doctor about your medical history, muscle or nerve conditions, and medications including botulinum toxins as these may increase the risk of serious side effects. the details make a difference. the man makes them matter. see real results at botoxcosmetic.com/men. donald trump is the only president who has specifically threatened to annihilate north korea's dictator and everyone else in north korea when he threatened to rain down fire and fury on north korea. and now donald trump is the first president of the united states to refer to a north korean dictator as honorable. >> we're having very -- very good discussions. kim jong-un was -- he really has been very open, and i think very honorable from everything we're seeing. now, a lot of promises have been made by north korea over the years, but they've never been in this position. we think it will be a great thing for north korea. it will be a great thing for the world. so we'll see where that all goes. maybe it will be wonderful, and maybe it won't. and if it's not going to be fair and reasonable and good, i will, unlike past administrations, i will leave the table. >> joining us now, retired four-star general wesley clark, former nato supreme allied commander. general clark, i want to get your reaction to what the president had to say about kim jong-un today and the adjectives he used for him today. >> well, he's building the suspen suspense. it's like a reality show, and, you know, this is all about transactional diplomacy. so donald trump's very transparent. he says if you like him, he likes you. so right now, kim's coming his way. he's throwing some plaudits. the word "honorable" doesn't mean anything in particular. it's just a way of saying -- his trying to say something nice that will bring kim in his direction. so both kim and president trump have something to gain from this summit. the real question, lawrence, is what happens afterwards. there will be a lot of photos. there will be a lot of smiles probably, but what will it actually result in? if it results simply in the denuclearization effort in north korea, we could end up with the same kind of agreement that we have with iran, which is unsatisfactory. north korea's done a lot of things that make it a bad actor in the world community beyond trying to get nuclear weapons. so he's got to go beyond denuclearization to make this successful by his own standards on iran. >> what about the president publicly trying to undo the iran deal while he's trying to make a nuclear deal with north korea? >> it's complicated. iran is -- their economy is stumbling badly. european companies are lined up waiting to invest in iran. they can hardly wait. so president macron's over here saying, let us go after it. so this is a way of, again, using leverage. the tricky part in this with iran is that you've got saudi arabia, a great friend of president trump, but they want $100 or at least $80 a barrel for oil. that runs up the price of gasoline in the united states. not good for the president. but on the other hand, they also want to sort of punish iran. so how does he play all these transactions? it's a lot more complicated than a real estate deal. >> and as the president approaches the negotiations with iran, this is unprecedented. it's never happened at this level before. what suggestions would you make to the president going into this kind of discussion with kim jong-un? >> yeah, i'd say get as much done below his level as possible and come out of it with a roadmap to move forward. he wants to play it all personally. it's more dramatic. it's the way he likes to operate. but he's not the first president to think of transactional diplomacy. every president does it. it's just that they usually do it at a much lower level. it's done at the staff level. i'll give you this. you give me that. and it goes back and forth, and that way when the president gets there, he's assured of an outcome. it takes away the suspense. it also takes away the risk. so if i were advising the president, i'd tell him to do as much as he could before. he knows how to play and get suspense anyway, but get the agreements. get the road map for what happens after ward locked in before he goes to do the meeting. >> there's usually a solid bio on who the president will be negotiating with. now he's meeting with the president of france. there's very little known about kim jong-un. that's an unusual position for a president of the united states to be in. >> it is an unusual position, and it creates risks. but here's what we do know about kim. we know, first of all, that he's very strategic. so he thinks in big terms. he knows his country is failing. he knows he's got to get south korean money and skills and big industries into the north. he wants them in there. he doesn't want to give up his country, but he wants that investment in the north so he can strengthen himself. the problem that president trump has is if you agree to that and he denuclearizes, how do you prevent him taking all that economic strength and rebuilding his military? >> general wesley clark gets tonight's last word. thank you, general. "the 11th hour" with brian williams starts now. tonight, disturbing allegations about donald trump's pick for the v.a. as a u.s. senator charges dr. ronny jackson, the president's physician, has been drunk on the job and is nicknamed the candy man for handing out drugs like candy to the white house staff. plus is the president considering a pardon for michael cohen? trump called that a stupid question today. we'll ask a former clinton white house counsel. also brand-new election results just in to us this hour from arizona. steve kornacki's at the big board. and as ashley parker of the "washington post" put it tonight, there was simply so much touching. "the 11th hour" on a tuesday night begins now.

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