tv News Nation MSNBC May 7, 2015 8:00am-9:01am PDT
of data collection. the appeals court refused to block the data collection program. what does it all mean? pete williams joins us live. break down what we saw play out and where this goes from here. >> this gets to what has been one of the most fundamental debates about this nsa data collection program. this is the one in which the nsa requires the phone companies to give the government every day basically the data records on every phone call not the content but numbers dialled and how long it lasted and so forth. the government's justification has always been that if they don't store it they can't go look at it later. they have to hold it so they can search it and it's not really searched until they go back into that big vat of data and look at it. what the appeals court said today is i'm sorry, the federal law, the patriot act doesn't allow the government to do that. in other words the court said the only time the government can go gather something like that is
when it has something specific to investigate. it is trying to look at some specific thing. it needs the records for an investigation, not just a general hoovering up of data to look at later. so what the court said is the government doesn't have the legal authority to do this. the court said maybe the nsa does need that legal authority but if so that is up to congress. it said it is not going to put this on hold because it knows congress is debating whether to give the government the authority to collect the data or whether to have the telephone companies collect data and give it to government when requested. if it is given that approval, if congress does allow the nsa to do this then the court said we will get to the second issue which is whether such a program even if it is legal, even if it is authorized by congress is unconstitutional. >> and i know that you have an update for us regarding this hearing. looking into terrorist recruiting individuals through
social media. >> this is sort of the other side of the coin. this nsa ruling is about phones what the senate is hearing about today is the use by isis and other terror groups of a different way to communicate and that is through social media. what the government has been saying here for the past several days is that this plot to attack this organization or this meeting in texas about the prophet mohammed shows how effective isis is using social media and reaching out to people directly asking people to go stage an attack. the fbi says that a couple of people that elton simpson was in touch with was specifically urging attacks on this meeting in texas. and that is the new fear that they say thousands of people in the u.s. are following these very radical isis websites and it's almost impossible for the government to keep an eye on people that are doing this if they don't have some specific information that they might be
able to take action. in fact elton simpson was under some kind of heightened government scrutiny last month and still the government said he didn't find sign that he was about to do something. it is a huge problem. >> two big stories you are following and updating for us. also developing now one person now confirmed dead after the violent outbreak of tornadoes in three states flattened at least 50 homes and injured more than a dozen people. >> we have trees coming down. we have to back out of here. i have trees coming down on me. backing out. it is trying to move the car on me. it is bad news. >> first responders still on the ground assessing injuries and damage across kansas and nebraska while oklahoma governor is about to tour the damage in her state. the mayor of oklahoma city stunned early on at the fact that there was only one
fatality. >> it is worse than i expected. it is a relatively small and confined area but the damage is totalled. it is amazing that we didn't lose lives. at this point i don't believe we have. >> nbc's jay gray joins me by phone. he is in oklahoma city. tell us more at least of what you observed as people try to clean up and what more do we know regarding this fatality confirmed. >> it was a 42-year-old woman seeking shelter from the storm in her storm shelter underground when water started to pour in she could not escape and drowned inside the shelter on the far southeast side of the city where a lot of the damage is. i'm looking at a hotel that is basically ripped apart by the winds here. there were actually people inside at the time. they were all somehow able to escape and thankfully miraculously everyone okay there. in the rv park just behind 12 people injured, two of those
critically. right now with morning light a lot of those who lived in this area who worked in this area are being allowed back in sifting through debris on the ground here trying to pull anything they can. they are doing all of this with an eye on the weather channel, on the skies here because more severe weather could be on the way as early as this evening and through the weekend. saturday a real big day, a day that a lot of people are targeting as one that could be very destructive as far as storms are concerned. they have a lot of work to do here and have to do it relatively quickly while they watch and see what is next. we were discussing this around this time yesterday the possibility of this taking place, this rash of tornadoes outbreak. >> what a horrible death. 42-year-old woman. i have never heard of anyone dying in a storm shelter going underground to save your life and then having the water.
that is just i can't imagine how horrible that was. i'm sorry for her family and all her loved ones. very interesting point, too, that flash flooding every year in this country kills a lot more people than tornadoes. that doesn't get the attention or headlines. no more thing dangerous than water and flash flooding in our country. we are dealing with more flash flooding in the days ahead. as far as now we are getting a break. this is some pictures we are watching with flash flooding yesterday. seven inches of rain in oklahoma city. the river reached moderate flood stage, top ten all-time water level, the river that runs through downtown oklahoma city. let's take you to concerns. we are getting a bit of break. this is when instability is believed. in north texas you wonder what break. you have a good deal of thunderstorms. these are lightning flashes with the storms. that is just the beginning.
the main show for today will be later this afternoon. 12 million people in the slight risk of a few tornadoes. maybe a dozen or so. maybe one or two strong tornadoes. most likely is just south of the red river. hopefully it will miss small farm towns that way. as we go towards tomorrow we get enhanced risk. the yellow is enhanced. much wider area 16 million people in this. we think we have a chance for stronger tornadoes, more coverage of storms. more storms and more tornadoes as we go through friday. hopefully we get through friday not too bad. even if we are lucky enough to get through the next two days the odds of getting through saturday without destructive tornado is probably slim at this point. looks like a classic outbreak. this red is a moderate risk of severe weather. the second highest on our scale and could be increased to high
risk. the danger we have saturday is probably most scariest thing in weather. a long track strong tornado, a tornado that is very strong on the ground maybe 10 20 30 40 miles. if they do that sooner or later they will hit something. those are the deadliest tornadoes we have going back through history. that is what we hope to avoid. >> we hope that does not happen. thank you very much. another story that is developing this hour. we are following it for you. tom brady's agent has just responded to the results of that so-called deflate gate report. in a statement saying quote, the report with all due respect is a significant and terrible disappointment. its omission of key facts and lines of inquiry suggest the investigators reached a conclusion first and then determined so-called facts later. the report finding it more probable than not that brady was
at least generally aware balls were being deflated is dominating headlines. the front page of the "boston globe," nfl implicates brady. great balls of liar. the cheating patriots report compiled by ted wells points to long-time patriots locker room staffers. it reveals text messages the two men exchanged with references to brady one reading tom is acting crazy about balls. ready to vomit. the quarterback could make his first public comments on a report tonight when he takes part in a previously scheduled event. steve cornaki. i have heard from people who say they have made the conclusion here early on that tom brady must have known but there is no quote/unquote smoking gun, nothing that really takes it to the next level for brady to be
suspended or reprimanded. >> i think you have to look at this two different ways the court of public opinion where this looks very bad for tom brady. the nfl casting doubt and suspension on him. and then the more legal and procedural matter when it comes to what will the nfl do in terms of a punishment for tom brady. in this statement we are getting from tom brady's agent what tom brady is telling the nfl is i don't think you guys have the goods on me. you quoted some of them. this statement from brady's lawyer playing with the same language used in the nfl report. the statement saying it is more probable than not that the league cooperated with the colts in perpetrating a sting operation saying collusion and they have limited understanding of professional football and saying conflict of interest in terms of relationship between
the law firm that did this and the nfl and basically the nfl ordered a report and law firm provided it and paid what they wanted and got what they wanted. when brady's people look at the report yesterday you can find 23 instances where the language is qualified where it says more probable than not, likely we think, we believe. in a court of public opinion it is a damming document. what brady's people are betting here is the nfl cannot come down with a severe harsh penalty like a lot of people are calling for if they can't definitively prove and get beyond probably, maybe likely. >> tom brady refused to turn over phone records, text messages e-mails. anything that would compel him to turn those documents over? >> so the interesting thing is let's see what happens. the ball is in the nfl's court. if the nfl were to come out with harsh penalty or a suspension of up to eight games, half the
season the most extreme case. if nfl comes back with something very harsh and brady wants to fight it under those circumstances he might be in a bind where he needs to produce more if he wants to get it rescinded. the other thing is tonight he will be expected to speak at salem state college here in massachusetts. the catch there is media has been told cameras, recorders, still photography, all of that will be off limits after the first ten minutes tonight. >> first ten minutes we get to see. we'll see what happens. chris chase is a writer with "usa today" sports site. thanks for joining us. >> the first time i can say my day is better than tom brady's. >> might be the only day. i don't have doubt about my son's integrity. this is frame gate from the beginning. robert kraft said while i respect independent process of the investigation and resources expected to reach the conclusion
are incomprehensive to me. >> a lotf people are saying that they trust brady and that the nfl somehow wanted this outcome. really you have to ask yourself what is the nfl's goal in suspending the golden boy? why would nfl want tom brady to be suspended? and the statement was a lot of bluster, a lot of legal ease. what it didn't contain was dispense of tom brady. if you read through the semantics of the report that tom brady didn't know about this. he oversaw how much whether in the room or whether actively involved we don't know but he knew what was going on. there is a chance that his coach and other people knew also. bill belichick runs the tightest ship in the nfl. it is surprising if he didn't know. >> as you pointed out the
finding says it is more than probable. let me quote this correctly, more probable than not. that snutis not saying we recovered this evidence. i would imagine tom brady has been playing football for a very long time. he knows what a football should feel like, the weight of it. you can't be the best and not know something like that. with that said that is opinion, but the fact of the matter is the report doesn't say tom brady was part of this that tom brady asked for this to be done. >> very true. this is not a court of law. this is not a criminal court of law. the wells report didn't need to prove -- >> if you are going to suspend the golden boy or fine him as you pointed out i would think if i were a patriots fan, if i were i would say you can't get our guy out with just some language from a report.
if you are going to get rid of the golden boy in his last year or two of playing it should be more substantive. >> i think tom brady is going away for at least two to four games. what the nfl doesn't have to look at they don't have to have the burden of proof. this is not a court of law. there is a preponderance of evidence that brady new. i think that is enough for roger goodell who we have seen to be drucone yn in his suspension. you can see tom brady on the bench and garopolo starting. >> thank you so much for joining us. developing now prosecutors in the boston bombing trial are
trying to block a famous opponent of the death penalty from testifying. they don't want her to take the stand. we have a live report on this key witness and what this could mean. another big move for hillary clinton and her presidential campaign. why it's a first in democratic politics part of today's first read. also ahead sofia vergara and exfiance speak out over emotionally charged fight over their frozen embryos. >> i don't want to allow this person to take more advantage of my career. >> always assumed with our agreement that we were going to agrooeto take these full term. >> the interview but what does the law say? skroin join our conversation online. you can find me on facebook, twitter and instagram under my name.
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we are following developing news out of the pentagon reports indicating that defense employees used credit cards issued by the government to pay for things such as trips to casinos as well as strip clubs. this just came in as a result of a pentagon audit raising eyebrows and even a question of whether or not this was illegal. what happened here? >> well according to the inspector general's audit over a one-year period listen to these numbers more than 4,400 credit card transactions on a government credit card at casinos totaling $952,000. in that same year 900 additional transactions at what you would
call strip joints totaling $97,000 more than a million dollars in charges at casinos and strip clubs on government credit cards. as outrageous as that might sound you would be surprised to learn it is not illegal because personal charges put on government credit card have to be reimbursed or paid for out of the individual employee's or military officer or soldier, sailor have to be paid out of their own pocket. apparently all of these charges were in fact paid for. while it may not violate any laws it certainly does violate the standards and regulations. there has been some disciplinary action taken, administrative action against some of the civilians and military. we are told that at least one military officer was demoted by one rank.
but at this point apparently the most serious action taken against anybody is they have had to go through counseling on how to properly use a government credit card which does not include casinos or strip clubs. >> i would imagine it wouldn't. so this is not a violation so the misuse of the credit card did not result in any loss of taxpayer dollars according to the department of defense and the use of the card in this way was not a violation because these employees were required to pay money back? >> they were. and apparently they did. of course some people are questioning the intelligence of most of these people as one senior military officer told me they can go to an atm and get the money anonymously and then spend it. they still have to pay it back. but why they decided today
directly make these charges more than a million dollars in charges at casinos and strip clubs is beyond anybody's understanding. >> one more question i have for you. did they pay the money back after the results of the audit or had they paid it back in advance? >> it is as if you and i were using company credit card as soon as it shows up you have to make an expense report and automatically you have to pay anything that would be considered personal. >> even though they say this is not a violation it certainly raises eyebrows. >> i don't know about you but they will not show up on my credit card. >> i don't know watt to say to that. thank you for the information. developing now the senate delays a vote on a bill that would give congress a chance to review and possibly reject a nuclear deal with iran. we will monitor the senate floor
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make the call and ask your doctor if jublia is right for you. new larger size now available. defense attorneys for dzhokhar tsarnaev are expected to call sister helen pregene to testify in the penalty phrase of his trial. the roam catholic nun became famous when portrayed in a film. she is one of the last two witnesses the defense plans to call. the prosecution has indicated it will file a motion to restrict her or prevent her from taking the stand. nbc's ron motjoins us live from boston. why do they want to keep her off the stand? >> reporter: because she is
going to make a very personal appeal to the jurors we think to challenge their morality. this is what she has devoted her adult life to to try to abolish death penalty in the country. the movie made in 1995 talked about her first case when she worked in louisiana with a prisoner there. that prisoner was executed. what the government wants to do is prevent her from testifying. we will know soon enough whether the government if its motion was successful today. so far this morning the government has been cross examining a witness from the bureau of prison talking about conditions at the facility in colorado, some conditions dzhokhar tsarnaev would love under if sentenced to life in prison. the governor is grilling this witness. so perhaps this afternoon maybe we see her get on. the other witness that the defense is expected to call is a prominent social worker from south carolina. she was a part of the defense
team for the 9/11 co conspirator. she was able to convince one juror to vote for life in prison. >> thank you very much. up next a new poll from iowa shows an unannounced candidate leading the gop field as a seventh republican gets ready to join the race. it is part of this morning's first read. and shaq takes a spill on live tv. did you see it? this has gone viral. there is a contest. big man goes down. it is one of the stories we are following this morning. look like this. feel like this. look like this. feel like this. with dreamwalk
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first for a democratic presidential candidate. we'll dig into that. governor is pressing forward with a possible presidential bid. chris christie is back in new hampshire less than a week after two former aides were indicted for their role in the george washington bridge scandal. in iowa new poll chose scott walker continues to hold a large lead over the rest of the republican field. the man who won there three years ago says he is ready to announce his 2016 plans. let's dig deeper into headlines. joining me now let's go with hillary clinton in this superpack. the headline certainly appears she is ready to raise big dollars here. this is a very practical decision for hillary clinton. she surprised a lot by talking about wanting to address campaign finance reform at the beginning of her campaign. she talked about wanting to get
big money out of politics. she is facing headlines about how republican candidates are raising millions odollars. president obama would send advisers to do it. it looks like hillary clinton is saying i will be a part of this to raise the money i need to compete. on to governor watch. chris christie back in new hampshire. what do we see there? >> this has been not a great day for chris christie to go back to new hampshire. there is a new poll out he has fallen to just 3% in the polls in that state down from 9% in february. that is not good news for chris christie. he is not going to have a lot of juice in other early nominating contests. he would have to do well in new hampshire. with a number like that it is tough to see what his path forward is. >> this is on the heels of the "new york times" report that his wife had taken to trying to get donors to hang on and he is confident in his potential run
at the presidency. what about the news here with scott walker? >> scott walker at the top of a new poll out of iowa. and he is somebody who has roots there. he has been able to talk to voters there and really i think present himself as somebody who can do well in the midwest and reach out to mainstream republicans and those who are really important in iowa. he will have competition for the iowa lane. it is getting crowded with governor mike huckabee joining. rick santorum will make an announcement later this month. these are all people competing in iowa. it will be a long flog there. >> definitely interesting news regarding rick santorum. looks like he is ready to pull out the cardigan that he wore before. lots of vests. >> he will actually be really pushing really hard. he won in 2012 although that result was not released until after the caucuses were actually
over. he actually won but wasn't announced immediately. mitt romney was thought to be the winner there. it will be tough for him to replicate that success because there are a lot of other people competing for that but rick santorum wants to talk about economic populism and how he is a real hawk on defense and national security issues. we will hear more of that from him this time around. >> thank you very much. great pleasure talking to you this morning. coming up sofia vergara and her exfiance open up about embryos battles. why she says the fight is unfair. first a lot going on this morning and here are things we thought you should know. british voters are casting their ballots in britain's tightest election in a generation. voters elect members of
parliament. expected to win enough seats to run the country alone. if that happens queen elizabeth will ask the party with the most seats to form a government. and pope francis shows off some basketball skills with the harlem globetrotters. they met during a visit of the general weekly audience yesterday and made the pope an honorary globetrotter and got him tickets. those are things we thought you should know. woman: as much as i sweat, i always wore black. other clinical antiperspirants
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statement responding to the report on deflate gate scandal claiming it has significant and tragic flaws. the report determined it is more probable than not that brady was at least generally aware footballs were being deflated. >> and the federal appeals court here in new york ruled that the nsa program that collected information from billions of phone calls is illegal. the panel ruled that current law does not authorize that kind of data collection but refused to block the data collection program. she is the highest paid actor in television. actress sofia vergara gave interviews over the battle over their two frozen embryos. nick loeb spoke exclusively with the "today" show this morning and says this has nothing to do with her star status. >> lives were already created. we created -- a lot of question
is why don't you move on and meet somebody else. i would love to do that. two lives have been created. i wouldn't just toss them aside no different than a child that had been born. >> sofia vergara said it would be the last time she talks about it because she does not believe it is fair. >> i don't understand why this person. i don't want to allow this person to take more advantage of my career and try to promote himself and get press for this. it shouldn't be out there for people to give their opinion when there is nothing to talk about. with me now is attorney stephanie cavalero. thank you for joining us. you heard sofia vergara talk about opinion. what does the law say here? >> well they signed a contract and the contract says that they have mutually agreed not to do
anything with the embryos until they come to a decision, whatever that decision is. and so right now nick loeb is saying i want to do something different. i know you disagree with me but i would like to potentially create life with these two embryos. that's what is going on. >> you heard in his interview refer to the embryos as children. he is making the case that this is life and that this goes against his religious beliefs and other moral values that he says exist. >> they are the potential for life but they are embryos. you know they have been frozen for a while. who knows if they will be alive. there is case law and there has been battles over the frozen embryos and the court really in most cases have refused to say these are human beings. under the law they really are not. >> i know you have said the judge in this case as you moves forward will balance nick's
rights to procreate and sofia's rights not to be forced to be a parent. he said this morning that he is willing to forego -- he does not want her to have responsibility if she does not want it. if she does not want relationship with what he calls her daughters he is fine with that. >> that is not his right to give up. that is his child's right to give up if there is a child. you cannot contract away the rights to your child. >> let me play more of what he said regarding the agreement you referred to at the beginning of our interview. >> we actually besides these forms way at the beginning before the processes happened there was no thought of now she is going to change her mind and now we are not going to do it. i always assumed with our agreement that we were going to agree to take these full term. >> he says the agreement talked about what they would do if they were together. he says the agreement never points out what the decision
would be if they separated or broke up which is obviously where they are now. >> does that matter? >> i think that's correct. i think in their original consent forms they signed at the doctor's office it was silent on what would happen if they break up. however, from what i understand they subsequently had an agreement that said if we break up we will not do anything with the embryos until we have a mutual agreement. right now obviously they don't have a mutual agreement. he wants to create the embryos and create life potentially and she has moved on. >> what do you believe this means potentially for i think the number around 600,000 frozen embryos right now. another couple who may face this, what is the larger picture here? >> that is a huge concern. i have to tell you. couples actually really what they want to do is they need to decide. they need to really think hard about what they're going to do
with those embryos after they divorce. do you really want a child with somebody that you are no longer together? >> obviously that is the question that is being asked in this. we will see what the legal answer is to all of this. thank you for the time. >> thank you. up next i will talk live with director bill doing out with a new book called dark girls a follow up looking at the issue of colorism within the african-american community. our news nation gut check, the nfl is deciding if tom brady will be punished following new information from the deflate gate report. should he be suspended? we will tell you how you can weigh in on that one and be sure to like news nation on facebook at facebook.com/tamronhall. more to feel. ♪ more to make things really really... interesting.
published in the new england journal of medicine found some babies born at 22 weeks with proper medical treatment are able to survive with few health age of viability. now medical groups are considering reducing that number. a fire stranded thousands of tires today. the fire broke out inside a baggage area at the international terminal and took five hours to control forcing the authorities to shut down the entire airport. the third of the day's flights have been cancelled. there were no serious injuries reported. a woman known as the serial stowe away after sneaking on airplanes without a ticket was arrested again. marilyn harmon was found at o'
ohare. she has been arrested on both incidents. shaq hit the ground hard but okay. he tweeted a replay of the incident. of course he's now offering $500 cash to the person that submits the funniest mime. twitter rose to the challenge. here's shaq doing the dance with michael jackson. and there's shaq with simba from the "lion king." what does your gut tell you? should tom brady will be suspended for his alleged role? go to news nation.msnbc.com to cast your vote. the subject of race continues to consume headlines from policing law enforcement to other social issues. one aspect that does not get as much attention is the way skin color is seen within the
african-american community. three years ago the ground breaking documentary took a deep and insightful look at the subject. it's called dark girls. >> what do you think? do you like that word? >> no. >> okay. why? >> because i don't like to be called black. >> okay. but why? tell me why. >> um because i'm not black. >> well the film examines colorism. a director may be indirect prejudice against people with a dark skin. typical people of the same ethnic or racial group. as it points out. it's one of the most painful parts of slavery. now the book takes it further with powerful first hand accounts from prominent women of
color. bill duke joins us now. thanks for joining us. >> honor to be here. thank you for having me. >> let's go back three years ago with the documentary. how did you process and understand the reaction to what you put out for us to digest and understand? >> well, you know we saw it as something that was necessary to happen because of the experiences in our lives personally. being dark come plekted and coming up at a time you were called certain things based on your color and in your community. the surprise was we didn't know how many had been through the similar things we had been through. as we explored the film in terms of research it's a global phenomenon in china india, after arica and latin american countries, the same reality.
>> you said people thought this was an area you shouldn't be exposing. why did you feel that? >> i can put it to you this way. i think we suffer from things that we do not want to talk about and keep hidden within our communities. an elderly lady at the apollo theater when i screened the film there and asked why i was exposing all of our dirty laundry. i said ma'am, with all do respect, because it's stinking up the house. >> powerful way to put it. on the cover is this girl. in 2014 she gave the speech at the essence hollywood black event. she said she remembered a time she felt unbeautiful, put on tv and saw pale skin. she got teased and taunted for her skin.
do you believe it has evolved or progressed since the documentary and book and the follow up light girls? >> i think it's helped. oprah winfrey helped us put it out there. i appreciate that very much. i think it's an evolving conversation and hopefully it will help heal. we have a long way to go. you know it's interesting if you go online and look under #team light skin and #teamdarkskin. each team has 350 members today discussing this subject. i find the irony to be as black women are talking about these things that white females are spending at least one day a week in tanning salons botoxing their lips getting butt lips and crinkling their hair to look more ethnic. don't you find that a little ironic? >> it's certainly part of the conversation. you hear people that say they're discriminated by the color of
their skin when you have that discriminate trying to have that color skin. it's a tlot there. in the book you include an array of beautiful women who are opening up. continued success to you. you're an amazing director. we're thankful you were able to join us today. thank you so much. >> thank you so much for having me. barnes and noble has the book. amazon you can get the book at. we thank you for bringing attention to this and having me on. thank you so much. >> thank you. that's it for news nation. i'm tamran hall. andrea mitchell is next.
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brady a cheater? >> i don't believe so. i feel i've always played within the rules. i would never do anything to break the rules. i beliefve in fair play. >> listening in the appeals court says nsa didn't have the authority to collect the phone records. >> this may head to court depending on the time it gets to court whether the program has change sod much there's no longer a live issue. and you've got mail. a state department official's interesting answer to the question, how did they know they have all of hillary clinton's official e-mails. >> you don't have way of verifying you have all official e-mails she processed on her personal e-mail account? >> we have been told that she has provided those to