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tv   MSNBC Live With Thomas Roberts  MSNBC  May 15, 2015 10:00am-12:01pm PDT

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to get service back on for next week. brandon bostian could talk to investigators as early as today. and george is apologizing and pulling out of his role in the planned gop presidential debate. plus round and round he goes after multiple attempts to tackle questions about his brother's iraq war policy. jeb bush appears to be sticking with response number four. today we're asking you. will the fumbles on iraq hurt his 2016 chances? weigh in on pulse.msnbc.com. then there's this. >> i think this is just a joke, but i'm taking this very seriously. yep, that's him, former presidential candidate mitt romney taking on former heavy weight champion vander
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holyfield. we get back to the amtrak train crash. the first funeral service is held for justin zemser. today the flag in front of the dorm was flown at half staff there. also the lasted wreck car was pull ed from the scene. the engineer on board that train should be talking to investigators in just a bit. his lawyer has previously said brandon bostian has no memory of what happened. his friends are speaking out on his behalf and say he is someone that took trains and train safety seriously. >> i was shocked considering what kind of person he was. he wasn't just doing this as a job. yeah i've got to pay the bills and going to take this job. it was like this is what i love to do. >> the train accelerated hitting 80 miles per hour 43 seconds
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before the crash 90 miles per hour 31 seconds before the crash and 100 about 16 seconds before the crash. the speed limit on that curve about 50 miles per hour. adam, bring us up to speed on the investigation and focus on the train's engineer. >> reporter: good afternoon craig. the engineer has agreed to talk to ntsb. that's good. they're anxious to talk to him. what will he say? his attorney says he was injured, had a concussion and doesn't remember anything other than coming to after the accident, grabbing his bag and calling 911. he did go to the philadelphia police department. he gave his cell phone and a blood sample. he refused to talk to them. we can tell you the first lawsuit has been filed in this case by an amtrak employee off duty on the train who allegedly
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suffered brain trauma. is suing amtrak for quote gross reckless conduct. amtrak says they hope to have partial service up and running on monday, full service on tuesday. craig? >> msnbc adam reese for us in philadelphia. adam, thank you. well the wreckage of a u.s. marine helicopter that disappeared three days ago in nepal has been found. officials say there's no indication the six marines and two nepalese soldiers on board survived. >> they were courageous. they were dedicated to the humanitarian mission here in nepal. we are deeply saddened by the discovery of this wreckage. we remain dedicated to recovery effort until every last marine
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and nepalese soldier is brought home. >> those servicemen were delivering relief supplies when they crashed in the rugged mountain side. the crew reported the chopper was having problems before it disappeared. jim is with me and a former british officer. let me start with you. given the remote location of that crash site, give us the details. >> it's clear the lieutenant general you had on a moment ago said given the wreckage that was discovered that it's highly unlikely that anybody could have survived the crash. that means they really haven't found all the victims yet.
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the six marines and two nepalese soldiers a board that helicopter when it clammedslammed into the side of the mountain three days ago. what that means is that while they look for the pieces of the helicopter to determine just how this accident happened they're more focused now on finding those victims. they've been forced off that mountain by severe weather. it won't be until sometime tomorrow that they'll be able to resume that search craig. >> you have flown missions like this i imagine. talk about some of the dangers involved. >> most people associate most danger in combat zones such as iraq or afghanistan. in this particular area the region is inhard.
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it reduces the power available for pilots and crews as they go into landing zones which are relatively high up in that part of the world. when delivering relief and humanitarian assistance, these people have been without food and water and sanitary for a good three days, even up to a week. when you're shooting approach to a landing site, you often get a flood of people coming in. obviously desperation set in and they want to get to food and water as quick as possible. that's dangerous if you're the pilot or crew. that's the last thing you want someone walking in the rear of the cop ter. the crew will have jackets on them locater bea cons which effectively talks to the satellite, sends out a message on the distress frequency. it's incredible out there.
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>> thank you for your time this afternoon. abc news anchor apologized on air this morning. multiple reports surfaced thursday that the democratic advisor turned journalist made several donations to his former boss bill clinton. in 2012, he donated. >> i've made dozens of donations to charities including the clinton foundation. i should have made it known on air when we made the donations. even though i made them strictly to strop theop the spread of aids, help children, i should have gone the extra mile to tell the conflict. i failed all of you for doing that.
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>> here's the thing. as you know, republicans have been long concerned about what they perceive as bias by him. what's been the public reaction to that apology so far? >> they have reacted strongly and swiftly. in addition to apologizing, george has recused himself of moderating the gop presidential debate scheduled. some say that's not enough. he should have taken the extra step to notify us and viewers during recent news roberts about the foundation. he's admitted to an honest mistake. author of "clinton cash" says some of the donations may have influenced hillary clinton's actions as secretary of state. those are accusations the presidential candidate has
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denied. take a listen to what some had to say last night. >> i thought it very unusual people thought he could be independent or objective moderator when he had close ties for decades to clintons. >> it all adds suspicion this. >> it's all the more reason he ought to stay out of covering 2016 presidential election cycle. >> reporter: he has says he still plans to cover 2016 and abc at this point is not punishing him. just to reiterate it said he wanted to donate to the organization for work on global aids prevention and deforestation. he reportedly gives to dozens of charities every year. >> kristin welker, thank you. coming up in a few moments here, francis is going to be taking a deeper dive into george's unique journey from political operative
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to anchorman. this morning the man that advised former president george w. bush in the white house says he's not endorsing bush's brother jeb, at least not yet. >> i'm watching. i want to win. i have a long friendship with the family and with jeb. i'm like a lot sitting and waiting. >> carl admitted jeb bush made missteps when he fumbled repeated questions about iraq. listen to bush's weekend waffling. >> knowing what we know now, would you have authorized the invasion? >> i would. >> in 20/20 hindsight you would have made a different decision? >> yeah. i don't know what that decision would have been. >> if we're getting back to hypotheticals, it does a disservice to a lot that
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sacrifice a lot. >> i would not have engaged and gone to iraq. >> that's a 180 or a 360. our bing pulse question is up. will the fumbles on iraq hurt his 2016 chances? weigh in at pulse.msnbc.com. mark murray senior political editor for nbc news. mark says after this week's stumbles by jeb bush the gop race is now, quote anybody's ball game. we don't have mark murray. we'll try to come back in just a bit. francis rivera standing by for us. francis, i understand at this point we've been tracking responses to our bing question of the day. what do you have for us so far? >> that's right craig. we're asking you especially in light of a very rough week with jeb bush. we launched the bing pulse question at the top of the hour. we're asking will jeb bush's fumbles on iraq hurt his 2016
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chances? let's look at the score board early on and see how we're looking. 99% of you say yes jeb bush's fumbles will hurt his 2016 chances. only 1% say no. let's see if that changes. we invite you to weigh in on the conversation by voting pulse.msnbc.com. let us know what you think on twitter. #trlive. we invite you to join in as our coverage and conversation continues in the next two hours. will jeb bush's fumbles on iraq hurt his 2016 chances. craig? >> lopsided now to see how the numbers change. let's get mark back here. is this going to be something we're talking about six months from now or going to be one of those things that disappears after a week or so? >> there's no doubt jeb bush has had a rough week. good news is there's eight months until the first
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nominating contest. i've been covering politics long enough to know people can have a disastrous week or two and still survive. the biggest take away from bush is he's not getting the benefit of doubt particularly republican voters conservative commentators. hillary clinton was in the barrel about the questions about the clinton foundation for weeks. there's a sizable number of democrats cutting her slack giving her benefit of the doubt. we didn't see that coming from republican voters key operatives and public media. that's the biggest take away. he doesn't have a lot of margin for era as you go to other tough situations that any presidential candidate will have. >> mark thanks as always. have a good weekend. >> thanks craig. still ahead from political wonder kid to face of news. we're going to look at the
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evolution of george. also will it be decision day in boston? we'll head to the courthouse as jurors continue to deliberate life or death for dzhokhar tsarnaev. ♪ ♪ thrill is gone ♪ ♪ thrill is gone away ♪ >> it may be gone, but the thrill will never fade. remembering the life and music of blues legend bb king. the volkswagen golf was just named motor trend's 2015 car of the year. so was the 100% electric e-golf. and the 45 highway mpg tdi clean diesel. and last but not least the high performance gti. looks like we're gonna need a bigger podium. the volkswagen golf family. motor trend's 2015 "cars" of the year.
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. abc's top news man is raising eyebrows for his big contributions to clinton foundation.
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despite george stephanopoulos' apology this morning many questions remain. this is a connection that goes back decades. >> very deeply rooted. by have a lot saying by george here. his role has been questioned and criticized based on deep ties to the clinton family. when did those begin? 1991 bill clinton selected him to be deputy campaign manager during his presidential campaign. after clinton's '92 victory stephanopoulos became one of his most trusted aids and served as senior advisor for the president. after clinton's re-election in 1996 stephanopoulos stating stress fatigue, depression. he then moved to new york and crossed over to journalism. he's been with abc since 1997. he's coanchor of "good morning america" and the network's chief
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anchor. it's been reported he gave $75,000 before the years 2012 and 2014. he says for global aids prevention and other causes. he apologizes for not disclosing to abc or his viewers. he says he views the donations as a mistake and he would have taken the extra step to disclose them. he said he thought the contributions were public record. abc news says quote we stand by him. keep in mind there was the opportunity for stephanopoulos to come clean when he interviewed author of "clinton cash" last month. some say the donations influenced hillary clinton's actions as secretary of state. even before this, he listed a long list of grievances including conflict of interest and excluding him from debates
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this year and last year as well. he accused himself and said voluntarily, i'm not going to be there for the presidential debate in february. although you have the call some say it's not enough. they want to see a him do more. >> after february 6, will be other debates. rand rand paul calling for him to take him out of those as well. >> glenn, what's the bigger problem, the donations themselves or the failure to disclose those donations? >> i think the latter by a long shot. i watch had the interview in real time. i was struck by his criticism of the "clinton cash" book. how can you say it's an honest mistake and over sight when you
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gave scrutinizing on your own show? it would have been interesting to hear him defend that prior to interviewing the author. >> i wondered when the story broke, what took so long? why are we now just finding out ability about this? >> i'm sure investigative journalists have been pouring over the donations some time now. >> that's true. the "freebie beacon" was working on this. he says it wasn't public knowledge, but it wasn't listed on the website. why not just mention it? if the public feels it's inappropriate, he'll be judge had the way. the notion of not disclosing this at the top of the interview
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of a guy reporting stands it. let's also talk about jeb bush. he's had a bit of a bad week. last night, stewart said this makes the awkward question. here's bush praising the troops. >> i admire the men and women, mostly men, that made the ultimate sacrifice. >> that was weird. >> that was weird. here's the thing -- >> that was weird. >> jeb bush has always struck most folks as a confident guy. he's had years to prepare for
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all the answers about iraq. why does it seem like some of these questions took him so off guard this week? >> i'll tell you why. they have a strategy, the bush folks. if you want to say something about the bush family, they're exceptional about the mechanics of elections but not so great at elections. they put him on the shelf for six months and fund raise. he hasn't got out there, hasn't done a ton of press availability. he's rusty. >> that's interesting. you think six months from now jeb bush is going to appear to be a local more cool calm, collected, smooth even? >> i wouldn't go that far. i think he'll at least get to the marginally accept isableableable category. >> thank you. we'll continue on meet the press
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sunday. chuck todd will talk to senator rand paul of kentucky. sunday, meet the press. coming up no place like home. a lesson johnny depp and his dogs learned the hard way. when we come back, we'll get you up to paid on australia's war on terriers. flooding in the one region of this country that's been begging for rain. southern california, they didn't need this mump. certainly not this fast. streets under water in san diego. apartment buildings had to be evacuated. a drop in the bucket for a parched region but it left behind a big mess.
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either his dogs leave the country or they would be put down. australia has strict rules for animals. owners must quarantine for ten day, something depp didn't do. afterwards the attorney tweeted this dogs gone. apparently for those pet lovers in australia, very strict rules craig, when it comes to quarantining and having proper permits. >> dogs are back. that's good news. >> tom brady is playing defense. he's appealing his nfl suspension of four games. commissioner roger goodell will hear the appeal. the nfl player's association wants a neutral arbitrator. if suspension is uphold he'll miss the first four games of the 2015 season and lose $2 million. nfl fined patriots and also trying to take away the 2016 and
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2017 fourth round picks. we are getting the breaking news the engineer of the derailed train in philadelphia is meeting with ntsb investigators right now. ntsb officials are prepping a final 4:30 news conference. at that news conference we hope to learn more perhaps about what they found out from the train engineer. we'll have the latest on that when we come back. also a follow up on california's bottled water battle. the one company says if they could they'd bottle more. ♪ if you're looking for a car that drives you... ...and takes the wheel right from your very hands... ...this isn't that car. the first and only car with direct adaptive steering. ♪ the 328 horsepower q50 from infiniti.
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should get the death penalty. we are joined from outside the federal courthouse in boston. at this point any indication as to whether we might get something from the jury today? >> reporter: as you know with deliberations of this nature, it's anybody's guess at this point. people are trying to read the signs like what is dzhokhar tsarnaev wearing today? his typical like always, standard. what is the significance of those exchanges? you mentioned the double shooshing. a lot of that happens without the jurors in the room. none a clear answer as to the feeling in there. we know jurors are on this 24 page complex jury slip. they had questions yesterday. they are entering their 14 hour of deliberations. a lot of high profile murder cases where juries gave a
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verdict of death in shorter time. it's a waiting game at this point. >> what's the mood around the town? >> reporter: there's sense of anticipation. as you know, this is a raw community, a community that went through a lot of pain. there are those even in the survivors for instance. the parents of the child that was killed they said because we're hurting we want this to be life in prison. we don't want this to be drawn out in the appeals process if the verdict is death. some say a death penalty is murder. some outside say we want peace not death. >> ronan in boston, thank you. breaking developments in the amtrak crash in philadelphia. according to nbc sources, the train's engineer brandon bostian
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is meeting right now with ntsb. bostian's lawyer had previously said his client has no memory of the crash. amtrak ceo has defended how they monitor engineers in the interview with tom costello. >> what do you say to americans who ride this northeast corridor every day and may be worried -- >> this is a [ bleep ] safe railroad. you know this is the first time in 28 years we've had this kind of derailment with a loss. >> investigators say the train accelerated for a full minute before the derailment hitting 80 miles per hour 43 seconds before. 90 miles per hour 31 seconds before the crash and 100 miles per hour about 16 seconds before the crash. the speed limit on that curve about 50 miles per hour. the ceo was adamant with tom that the rails are quite safe. nbc chris pillone is live at the
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crash site in philadelphia. chris, the news now that the engineer is speaking with ntsb investigators as we speak. i imagine that at this 4:30 news conference, we'll hopefully learn more about what the engineer told them. >> reporter: yeah craig the ntsb has been forth coming as they get information in delivering it. now that the news that brandon bostian is meeting with ntsb. this is obviously a major development in this investigation. ultimately the only person at this point who really knows what was going on in that locomotive is brandon bostian. you raised the issue his attorney said in broadcast interviews he has no rex recollection of the crash. he reportedly suffered a concussion in the crash. his lawyer claims after the crash happened, he came to grabbed his bag, got cell phone out of his bag and called 911. that's all he kind of remembers.
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the lawyers said he remembered being in philadelphia at the 30th street station, the last stop just act ten minutes prior to the crash. doesn't really have recollection leading in the moments leading up to the crash. so what kind of information is the ntsb going to get? maybe we'll hear about that at 4:30 this afternoon. the idea is to try and see a if he has any recollection. maybe as the concussion heals his memory starts to come back, and he can give them some sort of idea. as you mentioned the train accelerated from 60-70 miles per hour to 106 over the span of one minute heading into this curve. he should have known he couldn't go that a fast. >> in the 4:30 news conference we're told is ntsb last field news conference before they
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return to washington d.c. we'll of course bring that you at 4:30. chris, thank you as always. let's go west now. nestle doubling down on bottling water in drought stricken california. nestle draws 700 million gallons in ground water every year. the head of nestle said he would use more if he could. he also admitted 30% of the water is wasted. brown said quote if i stop bottling water tomorrow, people would buy another brand of bottled water. as the second largest bottler in the state, we're filling a role many others are not filling. jacob rascon joins me from los angeles. california suffering one of the worst -- the worst drought in history. what's been the response to these comments? >> the ceo spoke on the radio show. as well he wrote in the local newspaper. he said in fact we feel good
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about b what we're doing in the state of california. he meant there's new technology that nestle is using to save millions of gallons of water every year. they still, as you said admit they use 700 million and waste in fact 30% of the water that they use. they point out that many others in california bottle water. we know starbucks used to. in fact after a report by mother jones they moved out of the state. when asked if they would do that nestle said absolutely not. they have 1500 employees. they said in fact they're saving water. the governor of california called for a 25% cut in urban use not industrial use. the bottled water industrial is 1% of the water use in california, even less than that. not even a drop in the bucket. as you point out, as we all know, every drop is being scrutinized. >> jacob, quickly here any idea how they managed to waste 30% of
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bottled water? >> they'll point out in the production of a lot of beverages in soda beer wine, they waste a lot of water. even more in fact. it's because of how they filter it. they don't use all of it. they take a lot from the ground. it's an extensive process. they don't use every drop. they waste 30%. >> jacob in los angeles. thank you. from the mississippi cotton fields to king of blues, contributes continue to pour in for bb king who died in las vegas at the age of 9 overnight. we'll head to the restaurant that bears his name not far from rockefeller. that's where fans are gathering to pay respects. also ahead, will this be the fight of the century or as big of a disappointment? romney stepping in against
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him. today the world is remembering the blues legend that died thursday in las vegas. bb stands for blues boy. as a young kid, he rose from poverty to king of blues inspiring generations of artists from clapton to lenny cravits that tweeted this morning. president obamaed president obama tweeted a simple bb king. he was humble when it came to his skills. >> it's a lot of people that can do exactly what i do and do it better, they're just not me. >> president obama released a statement remembering king that performed at the white house in 2012. he said in part, quote the blues has lost its king. america has lost a legend.
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he was born a sharecropper's son in tennessee and became an ambassador that brought music to his country and the world. alex wit is live outside the bb club and grill in new york city. how are folks remembering him there alex? >> reporter: craig i'm actually inside because of the steady stream of people coming in here. the music is being played so loud. you said his name was bb for blues boy. he was born by the name riley b king. bb is bb. also you should know -- i heard you play what the president had said and give that sound bite. for the president, he this must be tough. he got to sing "home sweet
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chicago." he sang in february 2012 at courthousethe white house. you guys had so many top hits with bb king. how many, 30 35? >> 35 top singles. and also tops on our top 200. >> who was louvcille? >> that was the guitar. he was playing in a club and two men were fighting over a woman named loucille. he went back in and saved his guitar. >> why is it that he was the man that embodied blues? because of the timing, his bill street memphis upbringing? >> i think bill street helps. that was the precursor to modern day rock-n-roll.
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he was the face of blues music. >> so many people he influenced. rolling stones on down. playing with u2 not all that long ago. >> 1988 and more recently than that. unbelievable performer. tireless on the road. averaged 275 nights a year for first 50 years of his career. >> extraordinary. that is why he was such a success. blues music in general may not be the same money maker as rock-n-roll or country western now. it's because of his persistence on the road. >> he was out in front of people singing his i songs and themes people can identify with. relationships. >> it was soulful which is what we're hearing today. appreciate you being here. it's what we're hearing today soulful music. a lot of people putting their heart and soul out as they remember bb king. last performance, october in
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chicago. unfortunately he had to be taken off the stage due to ill health. >> i saw him years ago at the house of blues at myrtle beach. ever been to. catch weekends with alex witt tomorrow at 7:00 a.m. eastern. for more on b bx king in the next hour, i'll talk to grammy award winning musician who played with king at the white house, that clip we just showed you, we'll be back in the next hour. we'll be right back. ♪ woman: as much as i sweat, i always wore black. other clinical antiperspirants didn't work. then i tried certain dri. it's different. it stops sweat before it starts. add some color to your life with certain dri.
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that's true, i don't have much of a right hook. when i get somebody's ear i can be formidable. >> i'm too quick too agile to him. you can't run, you can't hide. come get your whooping. >> seriously, a showdown in the
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ring between evander holy field and mitt romney. all for charity and all for a few good laughs as well. the weigh in happened last night. the 68-year-old politician has a 60-pound deficit when lined up against holyfield, all for a good cause, tour'e is here joining us to talk about this. this is an event that is raising millions for a non-profit called charity vision. this is a charity that helps patients in the poorest countries regain their sight. i thought why not a few years ago, mitt romney, this so humanizes you, no? >> why not have a professional boxing match a few years ago when he was still considering possibly being president one day? this clearly says i will no longer be seeking the office of the presidency. this is cool though we have seen a more relaxed mitt romney. let's tick off the box and know he's in excellent looking shape for a 68-year-old man.
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>> always been in good shape though. >> but he's never been 68 until this year. good on them for raising money for this charity. that said, this should be an interesting little farce because if evander holyfield were to hit him with even a quarter of his ability to hit somebody -- it could be the end of mitt romney's body as we know it. it would be a flash on like ball with bones all broken sort of thing. i don't want that to happen to mitt romney. this is a total obvious mismatch he's been having a ball making fun of this whole thing. i imagine he would continue to do that, get in the ring and run around -- >> here's the thing -- >> engage with evander holy holyfield. >> what if it starts as a fake fight and hits you too hard and you hit him too hard and next thing you know tomorrow this time it's like msnbc special report you know. >> the end of mitt romney.
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i know you know he's been very clear that i don't want to make evander mad because i won't like him when he's mad. mitt romney is going to run. evander is not really going to hit him. i was at the ear biting fight. evander hits very well. you don't want any part of that. >> even at his age. thank you so much. by the way "the cycle" comes up right after this broadcast, 3:00 eastern here at msnbc -- >> you have another hour? >> yeah, stick around my friend. jeb bush's horrible no good very bad week, how his fumbles over iraq seriously damaged his chances for president? we'll look at that and vote on our bing question of the day, there it is. and also look at political wonder boy turned abc news man george stephanopoulos, will that
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breaking news, sources telling nbc that the engineer of the derailed amtrak train is meeting with the ntsb as we speak. we'll have a live report in philadelphia. also no sign of survivors, the wreckage of the u.s. marine helicopter found in nepal. also ahead -- >> gone the extra mile to avoid even the appearance of a conflict i apologize to all of you for failing to do that. >> george stephanopoulos apologizing to viewers. will it qui it critics? >> and jeb bush's terrible, no good, very bad week. can he rebound? that's also today's bing pulse question. will his fumbles on iraq hurt his 2016 chances? you can weigh in right now. i'm craig melvin in for thomas roberts. we start live this hour with
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developing news about the amtrak crash in philadelphia. according to sources who spoken with nbc news the engineer of that train is now speaking with federal investigators. the ntsb scheduled to hold a news conference at 4:30, all of this comes on the same afternoon as the first funeral was held for one of the eight victims. justin zemser was a midshidman at the naval academy. today the flag was flown at half-staff and the last wrecked cars were pulled from the scene today, three days after the crash. investigators now say the train accelerated for a full minute before the derailment hitting 80 miles per minute then 90 miles per hour 30 seconds before the crash and 100 miles per hour 16 seconds before the crash. the speed limit on that curve where it derailed about 50 miles per hour. joining me now from
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philadelphia, chris palone. first of all, what are the things that investigators are hoping to learn from this conversation with the engineer? >> reporter: craig this is a pivotal moment in this investigation. the ntsb can get all kinds of data from the train. there's a black box that records speed, whether the throttle was being used and other indications and telemetrics they can get. they can get witnesses who were on the train to say what they knew. but really the only person who really knows what was going on in the cab of that train is this engineer, brandon bostian. if he can recall what was going on, was there a mechanical problem? was the throttle stuck? did he have a medical issue? if he can recall that, that's going to go a long way to helping them figure out what happened here. now, the problem is that in earlier broadcast interviews his attorney has said that he
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suffered a concussion in the crash and doesn't remember the moments leading up to the crash, all he recalls is that after it occurred he came to and supposedly grabbed his bag and cell phone was shut off in the bag according to the attorney which is protocol and he called 911. whether he will deliver any useful information will probably learn later today from the ntsb. >> i was going to ask you, do we expect at this 4:30 news conference that the ntsb is going to reveal some of the details from this conversation? >> yeah, they've been pretty forthcoming as they get information. they try to get it out as soon as possible. if there's useable information that doesn't jeopardize the rest of the information i expect we will hear some about that conversation. train service restored partially on monday. full service tuesday, is that correct? >> they are still working around the clock but the goal is to get limited service between philadelphia and new york city up and running on monday, full service by tuesday, a full week
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after the accident happened. >> chris pallone in philadelphia. we're also following news this hour from nepal, the wreckage of u.s. marine corps helicopter has been found. at this point, two bodies have been found and no sign of survivors. >> they were courageous and self-less and dedicated to the national humanitarian aid mission in nepal. we're deeply saddened by the discovery of this wreckage and we will remain dedicated to the recovery effort to every last marine and nepalese soldier is brought home. >> joined by jim miklaszewski. at this point any indication of what happened to this helicopter and its crew? >> marine corps officials are saying this is going to be a very tough investigation. they do say however, that they
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have no confirmation no evidence of early reports that they were having some kind of fuel problem. in fact, we're being told that there was no communication between that flight crew and anybody else, that they were in any kind of difficulty. and after all, they suddenly disappeared from sight. that chopper went down no distress signal and no emergency beacons and it just disappeared as if the earth had swallowed it up. quite frankly it's going -- just removing the pieces of that helicopter scattered all over -- is going to be a very tough task. they may never really know exactly what contributed to the crash but the priority of course, is recovering all of the eight people who had been aboard, six marines and two nepalese soldiers. so far we're told it appears only three bodies have been recovered but they were not actually brought back to
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kathmandu today because the rescue workers and recovery teams were forced off the mountain by a terrible storm and subfreezing temperatures that made it too precarious to continue with the search for those six marines and those two nepalese soldiers who remain on the mountainside today. >> jim miklaszewski, thank you. >> the top network news anchor is apologizing after donating $75,000 to the clinton foundation under mounting criticism, abc's george stephanopoulos says he should have disclosed those donations to his bosses and viewers. kristen welker has the latest. >> reporter: he's the face of abc's "good morning america" but now george stef nop plus is under fire after donating $75,000 to the clinton
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foundation. the clinton family's charitable organization. thursday night republicans lashed out at the man who earlier in his career served as an adviser to president bill clinton. >> i thought it very unusual that people thought that he could be an independent or objective moderator when he had such close ties for decades to the clintons. >> stephanopoulos apologized this morning. >> they were a matter of public record but i should have made additional disclosures on air and i now believe donating was a mistake. even though it was done to protect children in poor countries, i should have gone the extra mile to even avoid the appearance of a conflict. i apologize to all of you for failing to do that. >> abc is supporting stephanopoulos saying he admitted to an honest mistake and apologized. we stand behind him. revelations come after stephanopoulos's hard hitting interview with switzer which
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alleges donations to the clinton foundation may have been influenced some of hillary clinton's actions as secretary of state and something he denies. >> how do you respond to that? >> george, what did i do when this book was completed? i weather to the investigative unit at the "new york times" and here at abc -- >> stephanopoulos also discussed the book on "the daily show". >> when donors give that money to president clinton or something get a picture with him. there's a hope that's going to lead to something and that's what you have to be careful of. >> he reacted last night. >> raises the question about the coziness you've got the finances and meetings attending and how you can expect to be objective is really highly questionable. >> stephanopoulos says he won't moderate a gop presidential debate scheduled for next year but still plans to cover the
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election. >> the fact he didn't disclose that until preently adds some suspicion to this. but it's all the more reason why he ought to stay out of covering the 2016 presidential election cycle. >> reporter: stephanopoulos gives millions of dollars to dozens of charities every year. kristen welker, nbc news, washington. >> from stephanopoulos to jeb bush, that was kristen welker reporting there. the likely 2016 candidate also having a rough week. the subject of iraq dominated his appearances across the country and it's how his responses vary that seem to get all of the attention. frances has that part of the story. >> i guess you call it a swift jeb lugs when it comes to iraq, he talked about issues that defined his brother's legacy. let's break down what he said and how it changed. first up, monday, bush is first
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asked this question on the iraq war by anchor megan kelly. >> knowing what we know now, would you have authorized the invasion? >> i would have, so would have hillary clinton just to remind everybody and almost everybody that was confronted with the intelligence they got. >> you don't think it was a mistake? >> retrospect the intelligence that everybody saw, the world saw, not just the united states was faulty. >> right now to a day later on tuesday, bush clarified his answer saying, i interpreted the question wrong i guess. listen to what he saw shawn hannity on the radio show. >> in other words in 2020 hindsight you would make a different decision? >> i don't know what that decision would have been, that's a hypothetical but the simple fact is mistakes were made. >> that brings us halfway through the week on wednesday. at a town hall event bush again said he misinterpreted the initial question and here's part of what he said then. >> i respect the question but if
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we're going to get back into hypotheticals it does a disservice for a lot of people that sacrificed a lot. >> also on the same day, wednesday, 19-year-old college student confronted bush over isis and watch what happened. >> access to all of the same weapons -- you don't need to be -- >> that brings us to thursday and bush's about face on the iraq war and listen to what he said in a town hall in tempe, arizona. >> we're supposed to answer hypothetical questions knowing what we know now what would you have done? i would have not engaged -- would not have gone into iraq. >> so 180 and that brings us to today. if and when the heat over iraq dies down for jeb, there's still a hurdle of shaking the shadow of his brother and father just
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part of the double edge sword of carrying the bush name. with all of the talk about the jebolution we've been asking you to weigh in. will jeb bush's fumbles on iraq hurt his 2016 chances? let's break it down and see how it has changed because it has changed since we first started. this has dropped significantly, we started at 99%, 78% right now. 22% saying no as opposed to 78% of yes. breaking it down to see how you've been voting just minute by minute running through this week's events, a little bit of up and down here just the past minute but seems like overall take a look, majority as reflects saying yes. as we look at gender as well, seals seems like in the past more females have been voting up and down but overall seems like majority of males and females are saying, yes, jeb bush's fumbles on iraq will hurt his
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chances. keep casting those votes. you can also let us know what you think on twitter at #trlive or robertsmsnbc. >> senior political editor mark murray says no, that the collective memory span of this country is not very long. much more on that coming up including a deeper dive into abc's handling of their star and the donation controversy. and bill cosby responding to the sexual assault allegations in a new interview, we'll tell you what he said and did not say. also -- remembering a blues legend, we'll talk to a grammy winning blues legend who played with b.b. king at the white house later in the show. stay with us. guys, it's just the two of you. the setting is just right. but here's the thing, about half of men over 40
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a lot of folks dissecting that apologize by george stef nop plus this morning, the abc anchor called it a mistake to not reveal dirg interviews that among donations were those to the clinton foundation the total about $75,000 over three years. he says the donations involved charities to stop the spread of aids and help children. he says he failed to go the quote extra mile to avoid the appearance of conflict. the media reporter for the "washington post." thank you so much. i want to ask you the same question i asked our last guest. is it the failure to disclose that's the problem here or is the problem the donations themselves? >> well, you asked a very good question it gets right to another issue yesterday george
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stephanopoulos's apology seemed to be centered on the failure to disclose. today on the on-air apologies he maered to be apologizeing for both. now i believe the apologize was a mistake and that the failure to disclose was. it is a double barrel absence of judgment and evasion. so i think that it's both. i don't -- i think there have been some people who try to defend stephanopoulos by saying this is just a charity. it is not just a charity, it is the clinton foundation. but anything with that name on it has a rather significant repercussions and implications for anything a journalist does especially national journalist of george stephanopoulos' stature, one of the interviews was this interview with -- this
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is what he said on fox last night. >> we cannot erase every darkness or danger from the duty you've chosen. -- >> that's clearly not it. but essentially what he said last night, this should raise additional alarms and heard from an interview that's going to air on sunday on cnn poll, he said that stephanopoulos that he is who he was. did he go far enough in his apology this morning? >> i thought the apology was good. craig, i think we in the united states have a tradition and obsession with people's apology. the apology expressed contrition and acknowledged a. >> marc: -- mistake, i suppose he could have gone further but that was -- i mean, we can sort
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of take it apart and say how could you have been this dumb and been this blind but i think an apology is pretty good. it's tough to get any bigwig these days to apologize and he did it pretty quickly. >> i agree with you, sir we do tend to nit pick apologies in this nation. >> thanks for having me. >> weather alert for the weekend, a storm system is bringing flooding to california will trigger an outbreak of severe weather across the plains. nebraska and oklahoma are at greatest risk of tornadoes over the next three days. we're keeping an eye on that. we'll be right back. building aircraft, the likes of which the world has never seen. this is what we do. ♪
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the stage apparently took quite a tumble. the group was performing during the opening night of the world tour in vancouver. a fan quickly posted that on facebook and it has quickly racked up a lot of views. world famous guitarist later posted this says he's okay he's showing off a slight wound there. frances is following more stories trending on social media on this friday afternoon. what else do you got? >> this says it all #bbking mourning the loss of the beloved blues great who died yesterday at the age of 89. that hash tag has been trending all day 200,000 tweets have been sent. the iconic musician inspired countless artists over his six-decade career. many took to twitter to offer condolences like richie sambora who tweet my friend passed, he was so great to me we lost the
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king. my love and prayers to his family. gladys knight posted this video, and many others, including former president clinton who tweeted, thank you, b.b. king. everybody is celebrating the life and legacy of b.b. king. i'm sure people will play that music and remember him. you can also join a conversation about this and more. following us on social media we're active there at roberts at msnbc and #trlive. >> a great b.b. king remembrance list today. >> of all days to do it. >> i was listening to it earlier. we're also going to be talking to someone else greatly influenced by the king performed at the white house with him in 2012, that's coming up in a few minutes. much more on the breaking news, ntsb investigators talk to the engineer of the amtrak train that derailed killing eight. news conference scheduled for
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breaking developments of an amtrak crash in philadelphia, akoerding to nbc sources brandon bostian is meeting with ntsb investigators. his lawyer has previously said his client had no memory of the crash and that his client did properly turn off and stow his cell phone. amtrak ceo defended how they monitor their engineers in an interview with nbc's tom costello. >> reporter: what do you say to americans who ride this northeast corridor every single day and may be worried -- >> this is a safe railroad. tom, you know this is the first time in 28 years that we've had this kind of a derailment with a loss that we've had. >> bostian's attorney has said that his client did properly turn off and stow the cell phone. investigators now say the train
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accelerated for a full minute before the derailment hitting 80 miles 43 seconds before the crash and 90 seconds 30 seconds before the crash and 100 miles an hour 16 seconds before the crash. the speed limit on that curve about 50 miles per hour. still, the ceo of amtrak was adamant with tom that the rails are quite safe. stephanie gosk just returned from philadelphia and joins me in the studio and joined on the phone by katherine higgins, the crash happened on tuesday meeting with investigators as we speak. is that a normal amount of time to pass before an engineer is questioned? >> it is. the engineer in this case, fortunately he survived so we can talk to him. he had some injuries, i'm sure he's very affected by what happened. and they want -- out of respect
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for him and -- give him enough time, he has agreed to talk to them and so they will be able to get as much information as they can today but also reserve the right to talk to him again if they need more information. >> what kind of information will they be hoping to learn? what kind of questions will they be asking this engineer? >> well, i think first and foremost they will ask him what happened what was he doing at the time of the accident, what was he doing right before the accident? when you hear reports from his attorney that he doesn't remember anything they will also be talking to him about his work schedule when did he start and what has he done the day before he had some something to eat? what's his normal routine. how much sleep does he normally get. i think my own personal feeling is that i think given the time line that we hear a little over a minute i think that there may be an issue with fatigue --
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>> you think he may have nodded off -- >> sorry? >> you think he may have nodded off? >> it would not surprise me. the accident happened about 10:20 at night. but that's why -- i give you my hunch. i don't have any information but we've seen this kind of thing before. we need to know when did he start to work? how familiar was he with the route? what's his normal routine. >> stephanie, i know you've been looking at the engineer's past. what do we know about brandon bostian? >> well we're learning things in part from some of his friends and a lot of his friends have ongone line to his facebook page and he made a post right after the crash, about five hours after the crash and changed his profile picture to black. since then he hasn't written anything a number of -- we also had a conversation with a friend who he knew in college, he said
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he's always loved trained. this was a job that was a passion for him. and that is reflected both in what he said and also as a high schooler in his hometown in memphis, he wrote for the local paper. and one of his co-workers had said he always chased the transportation stories and subways and trains. it paints a picture of a bit of a passion for the job for sure. >> i want to come back to you here and reiterate that what you were giving us was a hunch as you said, it was a hunch. no sort of concrete evidence that bostian was asleep at the wheel. based on things that you've seen in your past and similar situations like this what are some of the other possible scenarios that could have led to what we saw a few days ago? >> another possible scenario that you've already touched on is the cell phone. i was involved in a metrolink
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accident in california with that operator was found to have been texting on his phone. the rules have become much stricter and we're told he didn't have it. they will be able to figure that out if he was -- there was some other form of distraction, possible medical emergency, although i haven't heard anything refer to that. there are different scenarios that might cause distraction or incapacity, but it seems to me clear from what we've heard from the ntsb that he did apply the emergency brake unfortunately it was too late. what we see in a very short period of time that train accelerated rather than decelerated. and why -- why did that happen? did he make a mistake in terms of the way he was pushing the throttle did he have his hand on the throttle and nod off? that's what we'll have to determine and what the investigation will show? >> katherine higg ins and stephanie grosk, we look forward
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to your report tonight. two years after the boston marathon -- back on the job today. severely injured with the shootout from the tsarnaev brothers, he received a promotion to sergeant. today is the third full day of jury deliberations whether dzhokhar tsarnaev will get the death penalty. a jury vote for the death penalty must be unanimous. a sea of blue converging on the u.s. capitol for the peace officers memorial service in front of tens of thousands of officers from around the world. president obama honored the fallen. >> we cannot erase every darkness or danger from the duty that you've chosen. we can offer you the support you need to be safe. we can make the communities you care about and protect safer as
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well. >> the national law enforcement memorial fund says 126 officers died in the line of duty in 2014. that's a 19% jump over the previous year. when we come back jeb bush is not so great week from shifting position to iraq to him being challenged by a 19-year-old. it's been a tough week for the former florida governor and bill cosby answering questions to sexual abuse for first time. what he said and did not say after the break. and the 45 highway mpg tdi clean diesel. and last but not least the high performance gti. looks like we're gonna need a bigger podium. the volkswagen golf family. motor trend's 2015 "cars" of the year.
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or visit your24info.com. a few moments ago we talked about the jury in boston waiting on this third take to reach a verdict. they've been deliberating for three days. breaking news right now a few moments ago, we're told that a jury has reached a decision on whether dzhokhar tsarnaev should live or die. this jury composed of eight men
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ten women, again a death penalty decision in bass boston has to be unanimous. we don't have a great deal of information at this point about when that decision is going to be shared but we can tell you at this point the jury in boston has reached a decision on the death penalty phase in the case of dzhokhar tsarnaev. tsarnaev convicted his brother tamerlan tsarnaev died. detonated two measure cooker bombs in the boston marathon finish line april 15th, 2013, a massive massive manhunt and came to a head on april 19th when the brothers and police were engaged in the shootout. tamerlan pronounced dead 1:35 that morning when dzhokhar tsarnaev cornered in a boat eventually
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captured around 9:00 p.m. on april 20th he was questioned by fbi agents there. the trial itself started july 10th 2015. he entered a not guilty plea to 30 federal charges, 17 of those charges are eligible for the death penalty. and he pled not guilty to charges including use of weapons of mass destruction and the maximum penalty, death by lethal injection or life in prison. that is what the jury is deciding between at this point. the jury on a friday afternoon in boston, that jury has reached a decision. the prosecution through the course of the trial spent more than a month calling some 90 witnesses to testify, much of that testimony very difficult to sit through. much of that testimony very graphic. we heard from a lot of the family members of folks who were wounded during the bombing.
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the defense meanwhile spent less than two days they presented just four witnesses on tsarnaev's behalf. the defense witnesses they testified about the bomb making materials and also testified about some of the jihadist literature as well tried to explain that. but they spent the lion's share of their time focusing on his older brother's influence. the jury heard closing arguments from both sides back on april 6th. there was a recess took about 11 and a half hours 11 and a half hours of deliberations for the jury to come back with a guilty verdict on all three counts. that was back on april 8th. the jury again has spent the last three days the better part of the three days deliberating we're told now at 3:00 eastern that jury decision is going to be read, again, that's about 18 minutes from now, frances rivera has been following this trial closely.
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what exactly are jurors deciding between here? >> this is the thing, all it takes is for one juror to decide that he does not deserve death here and then he will get life in prison but a lot of elements in the case to examine here. especially when you're going to delve into the death penalty. when you look at it overall a lot of it appears to play in tsarnaev's favor here. let's take a look at this in the federal court system. the death penalty went into effect in 1988. let's break it down. according to the boston globe a federal jury decided hear in this case that 232 times chosen death sentences that's 34% of the time. but only three people have been executed since 1988. if you take a look at this, timothy mcveigh here and jones, convicted of raping a female soldier and a drug trafficker here garza murdered three smugglers. all executions happened between
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2001 and also 2003. the big question will tsarnaev meet that same fate. here according to a cnn orc poll, it says here that a majority of americans 53% of you look at this say tsarnaev should face the death penalty. 45 with life in prison there. that is a national poll. let's take a closer look at the city of boston where this is taking place. a wmur survey found only 20% of registered voters support the death penalty for tsarnaev but 61% favor life in prison for him. massachusetts has a reputation of being against the death penalty. the state law doesn't allow for capital punishment but it is an option because he is being tried in a federal court. also something to keep in mind here tsarnaev's defense attorney judy clark so much at stake, she really had a successful run here stating several high profile clients from the death sentence including unabomber ted
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kaczynski and mao sawvy and susan smith who drowned her two young sons strapped in the seat. ultimately up to these jurors now. they've come to a decision. weep in mind again, this decision must be unanimous for tsarnaev to face the death penalty. we understand also from our reporting from ronan farrow that the jurors, it's not just talking and muling this decision and really delving into it they have an extensive 24, 25-page juror sheet that they've got to go through. we know some questions have been asked aiding and abetting. >> i'm thumbing through that penalty phase, the information you just talked about there. i want to bring in ari melber and ron nan farrow standing outside the courthouse there. among the things that the 18
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jurors will consider in determining whether he should live or die, the age of the defendant. what else will they be considering? >> they will be considering as you've mentioned under the penalty documents that they have been basically presented to by court an itemized look at every capital count, those 17 counts he's been convicted of as to his guilt and factors whether this was deprafed, inhumane, cruel look at the age of the victims and whether he deliberately targeted not only innocent people as has been proven but did he target children. this is a range of factors that are called aggravating factors under the law and the jury has to decide basically on each count whether he actually acted in a manner that does deserve this ultimate punishment. it goes well beyond guilt under the federal law and whether it was so heinous that they are confident that they are confident that this is the right punishment. >> ronan standing by outside the courthouse in philadelphia,
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ronan, if dzhokhar tsarnaev is sentenced to life in prison do we will know at this point where he would serve that sentence and what his days would look like? >> reporter: yeah they have said that he will be in a super max maximum security prison in colorado. this is no cake walk, craig. many people asking what is the better outcome for dzhokhar tsarnaev? and to use terms like that is a little ee lusry, life in prison in that kind of penitentiary for a 21-year-old is not a positive outcome. as ari mentioned the community here is one that is majority opposed to capital punishment but remember in federal capital punishment cases they empanel jurors that are able to administer the death penalty. they are asked during voir dire, would they be willing to impose that in some circumstances? this is a jury that was at least
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willing to weigh the option. as you've been discussing there's this 24-page document, threshold factors initially laid out, called gateway factors and they are basically variations of did he intend to do this? did he intend to do that? various facets of the crime itself and aggravating and mitigating factors. the one thing i want to stress after that long complicated document and first 20 or so pages of the 24-page document this document to essentially even if they have unanimously approved one of these criteria, just move on and decide for themselves. so even all of the extensive requirements that you're all talking about accurately in the studio, this jury could go in another direction right here on the ground. wait and see what the direction might be. we're being told inside the courthouse it will be about 20 minutes before we hear more -- we actually start a reading of this form to see how they weigh. >> you're saying 20 minutes
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we're being told top of the hour here, 3:00 eastern. i would imagine it's somewhere between the two. let me bring you back ari, into the conversation. we heard ronan use two legal terms aggravating and mitigating. what do those terms mean? those are the different directions you can go with regard to penalty. the guilt phase is over. this is a convicted murderer. the only questions that the jury is looking at in the penalty phase is are there things about these murders that make them so bad it should be a worse penalty or somehow mitigated, less bad, essentially, that he might be spared that ultimate punishment but still given a life sentence that is statutorily set, this is to say there is no way he'll ever be out of prison for in any legal reason whatsoever. they balance those two factors as ronan farrow said from boston, this is a decision that judges do not push jurors on. they want the jurors to reach their own decision together. if they decide, for example,
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that even though this is a terrible murderous person who did a terrible thing but they are not comfortable issuing a death penalty then that is up to the jury. that would really be the end of it and conversely, if they decide he merits the death penalty and that's there decision and present that to the court and that is accepted, it is on days like today and you think about how terrible the boston marathon bombing was for this country days like today you're reminded it really is a jury of your peers that makes this ultimate decision. no one else, not the police or judge. >> not to get you to speculate on what 18 men and women may have decided but based on federal cases like this that we have seen is there any sort of inkling at this point as to which way the jury may go? also, factor in the amount of time that they've spent, the past three days? can we glean anything from those three days snz. >> very little. we don't know.
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we'll find out soon as we put up on the screen. we're going to hear directly from this court and these jurors. we don't know much. the fact it takes several days only tells you that they took this seriously but the document they were presented with was somewhat complex. to rush through it in some way and do it in six or eight hours would be odd. you've got jurors here that have been asked before they serve on this jury are they comfortable in theory using the death penalty. that is to say anyone who has a deep moral obligation and feeling of ethical objection wouldn't be on the jury in the first place. we can say before knowing the decision that these are people who are willing to meet out that punishment if they think it's merited and lastly we can tell you what everyone already knows these were very serious crimes that this defendant was convicted of. >> ronan farrow still standing by as we wait the reading of this decision around the top of the hour. ronan, do we know whether the
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jurors asked for any additional information? >> reporter: we heard that they hadn't come out today for additional questions however yesterday afternoon as you mentioned earlier they did come out with questions, there was a series of questionses, two in particular, one related to whether aiding and abetting -- and i say this because it goes to the heart of this case, whether this applied to the relationship between dzhokhar tsarnaev and his brother tamerlan, whether they were judging those intent factors, the gateway factors so-called that i mentioned on the basis of just dzhokhar tsarnaev or the basis of that relationship. that's essential to the case and that's one of the questions they asked. however, this is a dense document. the questions that resulted were so confusing that the judge then went back after consulting with the lawyers on both sides and said, jury, we need this restated and need another run at this question. when the second it race of this came back, the judge screwed up
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his face in advisable punishment and one attorney was heard taking the lord's name in vein in exas peration there were questions yesterday afternoon, we don't know to what extent those were clarified. i don't know if you can hear them, there's an increase in traffic overhead as we draw near to the verdict. there might be more security con agree gating and some security in the harbor in front of me, police boats. we also have security rounded up at the front of this courthouse on the other side of the building. an atmosphere of anticipation on the ground as we all speculate and try to read some sense into what appears to be a confusing deliberation process based on questions we did see. >> stand by, i want to come back to you in a few moments and ask you more about tsarnaev's demeanor in court. you've spent a lot of time in the courtroom.
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ari, walk us through what happens after this decision is announced once the jury reads the decision once they say whether they've decided to send him to prison to life or decide to execute by lethal injection? is that it or can there be an appeal of the sentencing? >> well typically what we will see in the coming minutes will be the jurors coming out and speaking to each of these charges. they will go through them and discuss what they found beyond a reasonable doubt as to every statutory aggravating factor everything as ichs saying earlier simply could make punishment worse, in this case potentially death. they will go through all of that. at the end they'll have the final judgment, punishment. it is often discussed the fact that in the federal system there are a range of appeals typically more about the procedural process of the original trial
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that was that guilt or innocence phase that we covered before this, but yes, you could have a federal appeal here from his lawyers on any range of issues. we can't get ahead of that. we don't know what those might be at this point. but legally this is to be clear, the end of the road if you get that decision they go on and they carry it out, life imprisonment or capital punish. >> ari, thank you for your work. we'll get back to you in a few minutes. ronan, you spent a lot of time in the courtroom. what were the moments during the trial that seemed to use disturbed for a lack of a better word but maybe the most appropriate, that seemed to disturb jurors the most and what has dzhokhar tsarnaev's demeanor been like in the courtroom? >> reporter: his demeanor has not revealed a lot much of the time. you're probably referring to witdly reported moments in which he did show flashes of humanity and emotion. of course, there are moments of him showing emotion that were admitted into evidence, you
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might remember the footage of him holding up his middle finger to a camera in detention. that's something that was allowed to be a part of the case. so his team must have been very aware, acutely so of the danger of him showing too much emotion. when court was kicked off, a flew flashes of emotion, one at the end of yesterday appeared to laugh then catch himself and put his hand to his mouth. this morning he was talked to one of his counsel she in turn shushed him and shushed him again. now, for the former of those, which would seem to be the most significant, there was a public reaction saying he shouldn't be laughing this isn't appropriate, that wasn't witnessed by the jurors. they weren't in the room at the time. now, want to note the defense team is starting to assemble inside the building, they are outside the courtroom, courtroom number 9 in this building, brick structure you see behind me. david brook one of those
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defense counsel waiting at the press check area for colleagues to arrive. the government is also coming back they were at lunch at the nearby restaurant. activity is starting to gather. more security here and overall jst a sense of anticipation for a community that's waited for answers for so very long. >> we can see the security assembling there in front of the courthouse a number of uniformed officers standing by. karen desoto is a legal analyst. >> i'll give you the same question i gave ari, based on the amount of time deliberating and everything you heard about the trial and also based on federal cases like this at this point any reason they are leaning one way or another? >> i can base it on my experience. in these death penalty cases, people are a lot more educated now than they were 10 or 15 years ago. so many are aware of what a
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super max prison is. many jurors actually feel that if the crime is heinous and cruel like in this case that being in a super max prison is far worse than death. so it's very interesting. you would be surprised the numbers on how many people feel that way. that said we have a case where the government is very serious about the death penalty here, 17 of those 30 counts are all death penalty cases. if i had to look at it from that point of view the government really wants something and 17 counts, it's likely that's going to happen and if ever there was a case cruel and heinous, obviously this was it. >> what you just said there at the beginning is veryrevealing the fact that 20 years ago before folks knew about super max prisons and before they were what they are now, a lot of jurors probably would have said, you know death is worse than prison but now it sounds like some jurors would say super max -- >> you have what i call your
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typical nothing wrong with texans but texans will be like he did something wrong, if it was cool and heinous kill him. other people you want to be cruel to the person, put them under lockdown 23 hours a day and have them slowly go crazy. >> boston convicted boston marathon bomber dzhokhar tsarnaev waiting right now to find out whether he will spend the rest of his life in a super max facility or whether he will die by lethal injection. a jury of 18, ten men eight women have decided his fate and will read the decision any moment now. "the cycle" picks up our coverage right now. >> breaking news leads the cycle, the jury has reached a verdict in the penalty phase of the boston bombing trial. we're expecting to learn that decision any moment now. let's start off with pete williams, please walk us through what we will see when the jury comes in. what are they going to do? >> reporter: well the jury will come in and hand the verdict form to the judge's clerk who
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will read it outloud. the whole process will probably take i don't know, ten to 15 minutes once everything is ready the jury has to come in and be seated and tsarnaev will be there and lawyers will be in place and judge will direct the clerk to read and he reads a three-part form. you won't be able to tell what the verdict is as it goes along. you can't predict the verdict as he reads this form outloud. you have to wait for the end. now the reason this form is so long is to make sure that the jury ticks off the right legal requirements that entitle them to consider the death penalty they have to find a number of factors to satisfy the legal requirements. after they do that, it's still up to the jury which punishment to choose whether they choose the death penalty or life without the possibility of release. the form is to guide them but it doesn't give them the answer. so my guess is -- i don't know how long it will take the clerk to read

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