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tv   The Real Story With Gretchen Carlson  FOX News  December 30, 2015 11:00am-12:01pm PST

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the test of the ball drop and the final preps for tomorrow night's big new year's celebration. stay safe but have a happy new year. >> thanks for joining us and the real story starts now. flood warnings in affect for much of missouri and the midwest today as the fears grow that more rivers will rise and spill over the banks into the towns below. hello everyone i am in today and this is the real story. right now no rain in the forecast but that's not helped out the areas near st. louse, and it's not helped them to dry out. sandbags being set up to contain what water they can contain as drivers are left stranded in some areas and forced to evacuate. the real concern right now is the mighty mississippi river and 20 people have been killed between illinois and missouri so
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far with thousands of others displaced. let's check in with matt who is live for us. matt, that water is appears to be rising where you are. how are things looking? >> reporter: yeah, they have been here since before the water was rising and i am standing here and you can see the water now inching closer to the top of the utility poles and behind that is interstate 44. 24 miles is closed and you can imagine what that is creating. we have seen the water really start to rise and really just a short while ago, you could walk under that. we saw workers rush to the entrance and build the sandbags and now the owner are hoping for the best. to the left of that gas station some businesses that are already under way. they will probably suffer a big loss. the local red cross is here to
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help and in valley park there's mandatory evacuation for those in the airlines and the national guard is monitoring 19 levies that are at risk. >> okay. matt, let me ask you one more question while we have you there. how long before you hear that it's starting to reseed? >> well, this water is not going anywhere. it's going to continue to rise and expected to hit a crest of 46 feet and that's going to be a record in this area and to the south in chester illinois and high of 49 feet. >> okay. thank you so much and joining us from out there. well, bill cosby charged with drugging and sexually assaulting a woman at his home 12 years ago. it's the first criminal case against cosby with the miss conduct of woman and allegations more more than 50 woman. lar were ve lawyer la is here and we hear that it's lined up.
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>> yeah, it's going to be happening real soon, and this was going to take place, and we have just learned that it's going take place in about 35 minutes. we have got live pictures to show you. we have seen scenes like this before of the action outside of the court house. we hear that we have a camera shot of bill's cosby's vehicle making the way to the court house. this is in pennsylvania. it's a busy day in this developing case in which the charges have been filed and an arrest warrant and released and revealing more details on what we went down on the home 12 years ago. 52 woman have come forward and the the publicly claim woman abused them and accord to go the accusers, the abuse began in the 1980s and continued and then in
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pennsylvania. now today he is being charged with aggravated assault and pun usual up to ten years in prison. the public complaint made public and describe what is the accuse er describes he did to her after plying her with pills and wine. listen to the details and too graphic for us to go into today heather. >> sounds like the prosecutors are getting the case on the books just in the nick of time. tell us about the statue of limitations for this. >> yeah, just before the stat you which you of limitations was going to run out in the case. he did acknowledge that he had did sexual contact with the woman andrea constand. today they said that they made advances to constand before he allegedly drugged her. >> on the evening in question he urged her to take pills that he
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provided to her and to drink wine. the affect of which rendered her unable to move or respond to the advances and he committed a aggravated assault upon her. >> the attorney say that is the they welcome the charges and no word and bill cosby set to appear in just a matter of minutes. we will bring you more as the story develops and as we watch the camera shots for had him and all of the reporters waiting outside and we have the cameras there and we will see how it goes. >> thank you so much. we will check in with you in a moment. coming up let's talk the politics right now and donald trump ready to launch a new phase and now ready to spend millions of dollars on campaign adds after depending this entire time on free publicity. he will spend a lot of that money where he is and the latest
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real clear politics and the average. >> i will be spending a minimum of $2 million a week and perhaps substantial more than that. >> jeb has spent $40 million. >> he has though the spent 40 million, he has wasted 40 million. >> ouch. katie, with where he is in the polls today, does he need to spend this kind of money? >> well, that depends on who you ask. we have seen over the course of the cycle and this cycle that the adds are not necessarily the the best way to change the voters mind. jeb bush has spent $40 million and seen it go down. that's the advance in the polls and he has to turn the supporters into voters on primary day in new hampshire and caucus go ers in february and so
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that's going to be the challenge now is, you know, feeling ads putting them in the air. >> that's a big question and what kind of ground game does this have as it compares to some of the others that have been in the system longer and have that well establishment. >> well, in iowa in particular where you have to go to a caucus and there's been some serious concern among the trump campaign as well with how they're going to do up against ted cruz that's had a ground game and that's paying off in the polls as he catches trump that way. we will see what kind of adds that he is going to run. they will run the adds on becoming a caucus going for a first time if they're not use today that process in the state of iowa. it's important to keep in mind that donald trump is going pay
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and that's a lot but when there's only four and a half weeks left and five and a half in new hampshire, we're looking at $10 million and then the cycle and other candidates luke bus. >> one of the things is that we don't know if he is spending $2 million each week in all three states or going to be in each state. that's a huge difference in the number of adds that you can buy on television. sq >> that's true. the question is will that pay off? the way that people run and get the elections, ads are not the best way and it's not about numbers but getting people to the polls. we will see if they make the difference. it's clear that they're serious and want to compete against the rivals. >> well, if the number of folks are indication, and if he can can get them out to vote, he will do well. >> okay. that's correct. >> katie, we have to leave it
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there. great to see you. >> okay. you too. >> fox news alert and we're awaiting the appearance at a court just outside of philadelphia pennsylvania. he is set to be arranged today within minutes. and the director of the fbi is putting pressure on the companies to either stop enabling messages or o gigive t to the ago and i the keys to unlock this. this comes within hours of a report and saying this the nsa spied on one of the closest allies. we will tell you about this one. >> now, taking a live look as new year's eve celebrations are under way right now. security is on the minds of the estimated 1 million people that are expected to pack time squares. we will have the latest on the measures that police are taking coming up. >> we have a constant threat that we're constantly reviewing. again we're not aware of any
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threat at this time that we dem credible to this event in time squares. ok, we're here.
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well some back and despite two new year's eve plots this week the nypd wants to make sure that those in new york and more than 6,000 of new york's finest are aired and are being deployed around time squares and watching more than 1 million expected visitors when the ball drops. here is the commissioner. >> we believe that we're prepared and then the other major slav
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major venues and then day in and day out. >> alcohol and large bags and backpacks will be banned from time squares this year. medal detectors will be used add entity points there. making headlines this year and not to mention government surveillance as well. capture the conversations with the you lawmakers on capital hill as part of private citizen and calling it an appalling of the privacy. >> i am not against it, but i am against it and you can see how it will do the speech if we're going to ease drop and that it might drop what they're going to say or communicate with. >> the fbi director says that he is making a fresh effort of the companies including apple and google. they want to offer -- let's
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start out with the issue of israel. wow, realliy raising and we respond and the backdrop of this is the nuclear negotiation and according to the wall street journal we're concerned with israel striking iran and not the other way around. >> yeah, great to see you heather. the whole iran deal and the way that it couches itself is unusual. the fact that there's an obama administration and then it's a turn of events. let's not forget as with we discuss this that the nsa is an intelligence organization and the job is to gather data on the
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potential issue and then the keep us safe. they do spy on people. that's what they do for a living. if these congressman that voted for this to give approval for the program in the kiss get caught up in that, that's just part of doing business. >> that's fine expect the fact that we're not going spy on certain allies after the whole edward snowden thing came out and then apparently there's some sort of a list of sorts that was created and saying that we will not spy, were but israel is left off that. >> that brings into just how well they view it and the fact that it's prepared to provide what they ask for and then for the ambassador here in the u.s.
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i think that speaks volumes. that's what the organizations do and the sia and -- it's not the individual person that they're spying on in the case, it's the people that he might be influenced by or talking to and trying get information. >> it's a third world type stuff and had folks talking about it. let's talk about it and the company blackberry and a lot of firms use that in moisten and security firms and companies in the tech world. that company announcing that it's going to end the operations
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in pakistan as they allowed full access to customers private communications. what do you think about that? >> well, that's a good move by blackberry. i have heard reports in the past hours and the government will always try and do the technology and talk about the the spine but they're like spies on steroids. we have clients come to us and then the furs thing that they ask is do we bring out the electronic devices. we always say no no no because the minute that you get in the country and that's switched on, everything on the device that you don't want to fall in pakistan is already out the door. >> okay greg, before i let you go the nsa said that we're not going respond as a matter and as we have said we do this the
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conduct intelligence unless there's a specific and validated national security purpose and it goes on and on and on. there you go. thanks a lot. >> thank you. >> have a great day. fox news alert. we're minutes away from a court appearance for bill koz bi. he is facing the charge of a felony sex crime alleged to have taken place back in 2004. do you plan to fly in the new year? the drivers license may not be considered a valid id. how a law passed ten years ago maybe a big problem for those that travel in the next couple of days. axle roes and slash are expected to bury the hatchet. what brings tous what band do you want to come back? tweet me and use the #the real story.
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. the toxicology results are in for those and then he has tested positive for marijuana. her levels were way over the legal limit and only medical marijuana is legal in that state. investigators say that there's no investigation or excuse for her actions and the murder charges against her will stay. the next court date is january
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20th. well, you may want to bring another id the next time that you travel and possibly a passport on a flight. especially if you're from one of nine states that come to january and will not have drivers licenses that follow the federal guidelines. that means that they may not be good enough to clear the security. jonathan hunt is live in the west coast news room. jonathan, what is this about? >> well, there's a 10-year-old on the book bothat sets the standards and then before the licenses are issued andhe technology in making the licenses so that they can not be fate. now those state that is you mentioned are not complying and not meeting those standards. nine of them in total and some of them are going to be giving extensions and four of them
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illinois, missouri acti, mexico washington are not getting an extension. if you carry a license from those four states and try to board a plane after january 10th, a tsa agent has the right to say i am sorry that's not good enough. you need a second government issued id such as a passport or you're not getting on this flight. >> for those at that work at the airport, what's going on with that? >> well, airline employees and tsa and anybody that has access to secure areas of an airport. now, usually those workers show the security badge and they walk straight through any security checks, but now random unannounced security checks are going to be carried out on the workers. it's a stepped up effort and
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passengers and workers a like seem to think that it's a good idea. listen here. >> it's a good thing. i think that they should do that because why are they trustworthy than anyone else. >> you felt safer going will you the security. >> there are going to be approximate making sure that everything is okay o. >> all of these measures are response obviously in part to the november terror attacks in paris and the russian airliner in egypt. homeland security said shortly after those attacks that there was a obvious need to double down on these kind of airport security measures. hard to argue with that. >> thank you so much. fox news alert to bring you right now. we're just learning from a pennsylvania court that bill
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cosby has posted a bail of 1 had hundred thousand dollars after he was charged with a felony sex crime and this happened ten years ago. we're minutes away from the arraignment as we're getting live pictures in in a minute. we will tell you about this. then on the opposite coast in los angeles. we're having a live look at where the attorney that's representing more than two dozen of the victims to speak stohort. we will bring you that. then the rain maybe over, approximate but the flooding conditions are not over yet. we will have a lot more out of the midwest and what you need to know.
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we're taking a live look in pennsylvania right now and that's tape on the right and pictures on the left. we expect bill cosby to get out of that suv. he was being charged with aggravated assault and that's a second degree felony and this for a case that he sexually assaulted a woman back in 2004. the statue of limitations was just about to run out just days from now when this woman the case was brought up again by a different district attorney in pennsylvania. so we're watching this. we understand that he just posted $100,000 bond in this
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case. this is the first time that criminal charges have been brought against the 78-year-old comedian. so many of us knew him, and this is a position of images between what we saw then and ochoa we see now. now this is a woman that's come out accusing had him of sexual assault. in a deposition years ago he admitted that he gave these woman drugs and gave these woman drugs he says as he knew it to be wrong with the deposition. let's talk about this as we keep an eye on the live pictures coming in right now. john is a former federal prosecutor and defense attorney and jonathan is a former prosecutor and defense attorney. let me get you reaction as you watch what is happening unfold today. >> very interesting. they agree on a number of points that there was sexual contact ask cosby admitted that and she admits that she took pills and
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wine. the issue is consent. whether or not at the time of the sexual contact she had the about to consent. so it's unusual in the sense that the whole case is going to come down to one issue. >> it sounds like you think that it's a weak case. >> it's not a strong case. it becomes a strong case if the evidence of the other accusers come in. >> we're keeping a close eye on what is happening in california this hour. >> i think the criminal charges are a joke. the problem is that how come a prosecutor waits 12 years until five seconds before the statue of limitations is going to run and they have the same evidence ten years ago and new about it and prosecutors took a pass on
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the criminal charges back then when the evidence was so much fresh er than it was now. >> okay. now a backdrop and she accused him in 2004 of this and did not file charge for a week or so we're told. there was a district attorney at the time that decided not to go forward because he did not think that there was enough information and a new district attorney came in and took a look at this along with some newly released documents that came out. so isn't that legit that the new da would take a fresh look? it's going to be a classic he said or she said. you say that as well, but cosby in a deposition that he gave in 2005 and this is in the exact case with mrs. constand admitted
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at that it was illegal to give her pills or to another person. that's not a smoking gun? >> no, that's not a smoking gun. let me explain what happens in a deposition. a deposition is a very one sided vehicle in a legal lawsuit. the person that was suing cosby is the only one that's allowed to ask the questions. okay. >> if i admit to it, doesn't that become fact because i agree that i am wearing yellow. >> that maybe the fact, but it disease not translate into the criminal case for a certain, because that question if it were asked may not see the light of the day in a criminal courtroom. you don't see what is on the pag pages. >> if he tries to testify he is going to get murdered by the
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prior acts and not a good testify er. he gives the awful testimony and before he talks the more he is digging the grave. >> they have to dig and go nuts. >> sometimes the clients have to go and even though that you say shut this down, people like him say let me ix plain. i am innocent and that's what gets them in trouble. >> so there are some cases that are outstanding. what happens with those? these are far more serious. >> they all go forward. i don't think that they're going to be by my court. he is fighting a legal battle for the rest of his life on the criminal and on the criminal side. they're not over. >> okay. talking about the statue of limitations and in this case and in the pennsylvania case right now have not expired just yet, and in other states the stat you which yous may have expired.
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>> yeah, in all other sit wa situations, this is the only legal case that they're able to bring criminal charges in a certainly against him and it's such a stretch. it's such a stretch that i will say this. he might not even see trial in this case because there are so in steps before you get to that point that perhaps the case could get dismissed before a trial has to happen. that's possible because of the weakness of the evidence here. >> okay. you're plotting the defense right now. what's the next move? >> well, the next move is to move and dismiss and want to move to dismiss. i think there maybe a argument but the bottom line is that this is going to go to trial. the argument is going to be that she waited over a year and voluntarily took pills and took wine. she knew what she was getting
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into and this was a consent defense. nobody is going dispute that. >> they can not bring other cases into this one, can they. >> they might. they're going to say that there's a signature calling card where he gets woman intoxicated to the point that can though the extent and if they can align that, all of the other evidence comes in. that's what they want to do and in the rules it's identical that cannot do that. >> okay. so what is going on in california that we're keeping an eye on. >> she likes to go in front of the television cameras, but there maybe something there. >> yeah, that's all press. >> yeah. >> the bottom line is that it's
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a real case in state court and you have to put up or shut up. >> that's happening in pennsylvania as we watch it. anyone else? >> do you feel sorry. >> if you can't prove them, then do not charge them. >> i think there was incredible political pressure on this da to bring it. he ran under that priand now hes to prove that. >> now, just ooutside of philadelphia and that's where the accuser lives. well the rain may not be falling in st. louis today, but the water level is not reducing either. highways and rivers spill over the banks and drivers left stranded. all eyes on the mississippi
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river and that could spell disaster for buildings ask people and properties and farms in the area and already 7,000 residence there forced to flee. rick is in the fox extreme and hi there. >> yeah, really scary images and we have 2011 and then we have 22 2016 before it makes the way in. we already had saturated ground from what is the wettest years on record across the area. then you see eight to 12 inches and that causes flash flooding as it goes through the hills and then through the streams and that is a much slower flooding and that's what we're watching. all that water has the drain down here and the worst of the flooding is across the missouri river here across miz ssouri mi.
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that gets with the mississippi and goes all the way down. that will take three to four weeks before it exits down here. there's a long term proposition. we could be seeing a lot more from this. now, when we have the flooding in 2011, it was really warm. take a look at this. now you have the flooding going on and the really cold temperatures and that's not comfortable for the people that's dealing with this and when the water goes away. no precipitation in the area over in next several days. that's the one thing that you have to be grateful for. >> and the saturated ground and then the snow fall and then it's a real mess. >> yeah, you said it. >> okay. thank you so much. well presidential candidate mark rubio getting a bump in the polls and now the rivals are stepping up the attacks on him, so taking aim at the senate record help or hurt?
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>> one out of six republicans are running for president. that's a lot of people. i have nothing bad to say about them. we have no socialism. none of them is under fbi investigation, so we're doing good. . . . .
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. let's turn to politics and a pick up in the polls and competitors are stepping up the attacks and taking i am at his senate attendance record. a recently released cspan finding that the cast votes for 219 for the 339 senate votes this year and then 65 percent and then spoke on the senate floor and eight times and amounts to five times of the
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session. he basically said, you know, we have democrat in the white house and therefore our votes don't count and that's why i am on the campaign trail. i want to become president so that they count. what do you make of that? that >> that's sort of saying that everybody that voted for me does not get my time. there's no excuse. anyone that was elected pretty much left or ligright to the ho of the senate might run to the office and then a governor. when you're elected to the job you you have to give the people what they want. that is that you have to show up. that's 99 percent of the job. he did not show up. that's a lame excuse. it does not help him when he is
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on the upswing. >> what is interesting is that jeb bush tried to hit imon this and now the competitors are bringing it up. are are they starting to get the traction? >> well, it's legit thing to hit them on. you're paid to show up and it's time to start to put the points on the board and getting down to it. we're getting to the caucus and primary and they're going to be crowding the net and that's all that they have go and that's not really all that big of a thing to hit him on. >> okay. chris -- >> what about hillary and obama last time around. >> i am sorry. we have breaking news coming out of california. we have to leave it there. fox news alert and attorney gloria is now addressing the 2004 charge against the star
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that's taking place in pennsylvania at this hour. he left the court house just moments ago after posting bail. >> this is a much higher standard of proof that's required in a civil case. in our civil case on behalf of mr. huff, our burden of proof is much lower. to prevail, we only need to prove the case by a preponderance of evidence and if we're seeking punitive damages. both standards of proof are less and require od of a criminal ca. i am proud of the courage of judy huff and all of any clients that are seeking to eliminate the statue in the states. a bill to eliminate it in california will be introduced in
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january, and i am supporting that bill, and working with the senator who will be introducing it. so many woman that alleged that there victims have tcried out fr justice for so long. there's a journey in the felony filed against mr. cosby. i am very happy that this day has finally come. mr. cosby deserves a fair trial, so does andrea constand. mr. cosby was born in philadelphia, and i was as well. he attended an all boys academic public high school. i attended the all girls academic public high school a few blocks away. he went to temple university in philadelphia. i am a graduate of the
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university of pennsylvania in philadelphia. he came to los angeles in the 60s and i also moved to los angeles boston. i will be monitoring the progress of his criminal case. if the prosecutor decides it's relevant and admissible to call any of my clients as witnesses in the criminal case, i know many of my clients will be willing to testify. and we look forward to a just result. before i take questions, this is a copy of the arrest warrant commonwealth of pennsylvania versus william henry cosby. and this is from the criminal docket in that case. all right.
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okay. so i'm happy to answer some questions. >> but is there anything that was gleaned out of the deposition in october that may have tipped the scales for the da in philadelphia? >> the district attorney and also law enforcement in philadelphia do not have a copy of our october deposition. because it is a subject of a protective order. so i have not been able to provide it to them. they have not obtained it. had they obtained it, i would know about it and the court would have had to order it and i would have had notice of that. >> how come only one of your 29 clients have filed charges
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against mr. cosby? >> as i've indicated, for most of my clients, the statute of limitations has barred them, prevented them from proceeding with a civil lawsuit. in other words it's too late. they could file it but mr. cosby as an affirmative defense could assert a statute of limitations. there's no point in filing what would be dismissed and there would be no trial. >> in the civil case? >> there's a statute of limitations of criminal and civil cases. we have 50 states in the united states. there are a variety of statute of limitations. there are often differing statute of limitations in one state for a criminal prosecution
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and even for a civil lawsuit. different statute of limitations for a civil lawsuit by an adult survivor of child sexual abuse, which is what is alleged in our judy huff case. or for adult survival of adult sexual abuse. it's different in every state. in nevada, one of my clients and i testified before the nevada legislature. we sought to eliminate the statute of eliminations for criminal prosecutions for rape in nevada. the bill was amended. it didn't eliminate it but it did lengthen it. and we were with the governor when he signed it into law which we very much appreciated. lisa was a real hero for making sure she found an author for the bill and it went through the nevada legislature and now we're doing that in california. i'm sure -- i believe you'll be
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hearing more about that next week. and there's also an effort in colorado but one of my clients, two of my clients there and i have spoken to the legislature in the nevada at a meeting. and that, i believe, will be also preceding in colorado. and i know, i have clients in other states who are trying to do the same. >> in many of the reports we often say, and rightly say that cosby has not bevnever been chad with any offenses. because we've been talking about that. talk about the symbolism of having charged files against him today? >> i'm not sure if it's symbolli symbollisymbo symbolic. it's real. i think it's significant. because this is unprecedented.
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for so many women who alleged they are victims of one rich, powerful famous man to have spoken out in the 40 years of law practice that i've been engaged in, i've never seen anything like this. and some of them have been very upset that there's never been a criminal prosecution. and we're not sure if there ever would be. so i'm very happy that this case has now received new and close scrutiny. and the district attorney in his news conference this morning, kevin steel, was very clear that in part, some of the evidence that was looked at was based on his deposition from that mr.
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cosby provided in the constand lawsuit which was released earlier this year. so i'll make two points about that. one is, i am admitted in pennsylvania in the aundria constand case seeking to have the entire deposition released. that was just excerpts. i don't know whether the entire deposition will be released to the press. i know some people have it. and now i know that mr. cosby's lawyers will be saying and some defense lawyers not representing him, but who have taken to the air waves this morning, have indicated, well, mr. cosby never admitted -- well, mr. cosby never admitted giving quaaludes to any woman without her knowledge and consent.
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well, that's true. because in his deposition he did indicate or admit, or say, testify, that he did give quaaludes to some women with the intention of having sex. however, when he was queried, when he was asked if that was without their knowledge or consent, he did not answer the question because there was an objection by his attorneys to the question. so that's true. i want to say one other thing, this is something i heard, also, a defense attorney, which shall remain unnamed on television, which was, well, she filed andrea constand filed a civil lawsuit against him. she was seeking money. and so somehow that goes to her credibility. well, it's true that it can be used by the defense. they can assert there's bias. but it doesn't mean that it didn't happen.
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what she alleges didn't happen. because any alleged victim of digital penetration or indecent assault or rape has the right to file a civil lawsuit. in addition to -- speaking with law enforcement and asking that a charge be levelled against the same perpetrator or alleged perp traitor against whom she filed a lawsuit. that happens frequently. i know that will be a rallying cry by many defense attorneys. okay. i don't represent andrea, that's obvious. but i have a lot of respect for her and her attorney. >> i think another theme or rallying cry is that andrea waited months, years to talk
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about this with police. can you talk about the mindset? >> our feature question which is that, well, andrea waited some months, maybe a little longer, to make the allegation against mr. cosby. of course, we always encourage a person who is an alleged victim of an assault or rape or any other indecent act to seek the advice of an attorney first. and also go to law enforcement and report. she was within the time limit to do that. if it took months, that's still okay. there is no law that says it must be done the very next day or within hours. i don't know why she waited. i don't criticize her for that.
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often for many victims -- and i represent victims every single dal day all over this country, often groups of victims i'm representing, she's not alleged to have been raped here. sometimes they have to process it. they have to think about what just happened. come to terms with it. seek sometimes the support of family, friends, a counsellor, a minister, a rabbi, a priest. attorneys, so many others before they make that decision as to well, which option are they going to exercise? what options do they even have? and it can be very intimidating to go up against a celebrity who has an army of attorneys. in this case for the civil case he had 700 attorneys. >> what? >> yes, he had 700 attorneys. in our

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