tv MSNBC Live With Jose Diaz- Balart MSNBC December 22, 2015 6:00am-8:01am PST
so don't miss rehearsal. >> as i always like to say, kid, practice makes purpose. >> joe, if it's way to early, what time is it? get this right. z >> it's time for me to start preparing for tomorrow morning's "morning joe." here we go. right now on msnbc, ramped up rhetoric, drpd uonald trump language about the male anatoat referring to hillary clinton. >> meanwhile, the war of words is escalating between trump and democratic front-runner hillary clinton. last night trump less loose and
wanting an apology from clinton after she suggested his word are being used to recruit isis fighters. as to whether he'll get that apology, clinton's team says "hell no." good morning. i'm richard lui. kasie, let's start with you. >> good morning. a number of raucous moments for donald trump. a number of comments me he made at this rally in grand rapids, michigan getting attention. one in particular a pretty vulgar word he used as he was criticizing hillary clinton. we're going to play it for you unedited just so you can have the full context. >> i may win, i may not win. hillary, that's not a president. tease not -- she's not taking us
to the -- everything that's been involved in hillary has been losses. you take a look. even her race to obama. she was going to beat obama. i don't know who'd be worse. i don't know. how does it get worse? but she was going to beat, she was favored to win and she got schlonged, she lost. >> there you have it. no response from the hillary campaign on those comments. i will say hillary clinton has in this campaign been more aggressive about calling out what she perceives to be gender stereotypes. she also of course called out bernie sanders for making remarks that she deemed to be sexist. of course he did not go so far as to use a word like this one that donald trump used. also trump talked about her bathroom break at the democratic debate. the walk to that bathroom that she had to use during the debate
pretty long so potentially another area of the same type of discussion here, richard. >> which he called disgusting saying he did not want to discuss it but did discuss it. let's bring in ali vitale. you were in the room last night, kasie laid out so well that was controversial by donald trump but there was an additional comment that you heard and you were there to hear that that donald trump had made about journalists. what did you see? >> well, as many of us know, he's been pushing back on the idea that vladimir putin is responsible for killing journalists, that he has yet to see the names of those people. last night he made a joke about it saying he hates the press he would never kill journalists and almost gave a wink and a not and saying, no, no, but seriously, i
hate them but i would not kill them. in a room 8,000 people, you really do see people -- start -- definitely. >> so let's listen to that. >> by the way, i hate some of these people but i'd never kill them. honestly, i'll be honest, i would never kill them. i would never do that. ah, let's see. nah, i wouldn't. i would never kill them. but do i hate them. some of them are such lying, disgusting people. it's true. it's true. but i would never kill them and anybody that does i think would be despicable.
>> ali, as you heard and as you witnessed, varied reactions from laughter to cheering but was there also some concern from the journalists that were there in the environment that you were at yesterday? >> i think that to this point i've been covering this beat for many months now, we're all used to this idea that the crowd is there and they don't like us. i often talk to people before and after events and they always say they have very anti-media isn't men. it not fair that i did talk to two people after the event and i asked them what did you think about these comments? he said, oh, he's just joking, a little verbal laughing for you. i think that that kind of speaks to the tone of these events is that people really pant to hear from ear presidential
candidates. that's certainly that donald trump delivers on time and time again. >> steve kornacki also here with us. the verb kill by itself, all thoch each said it in a very humorous manner, it's very serious to some. >> yeah, if fairness, though, we just heard a clip of chris christie making the joke on "morning joe." what's just about as unpopular in this country as congress, and that's the media. i think that's part of his appeal, he's railing against the perceived establishment. the risk for trump is this, he's been in this war of word with hillary clinton. in this particular round, she probably instigated it. that is beneficial to be in a fight. this but if he pushes it too
far, there's this new poll number. would you be embarrassed to have so the risk for trump is they like him, they look he's going after the media but if he does it in a way that issine as it just too out there, it just too far, does somebody like ted cruz -- we is donald trump making americans more ideologically. >> so his illusions to the male anatomy. alloweding to as well a bathroom break, then using the word disgust hearing. they did up the ante yesterday, lking at the verbiage that was typical come being from the
clinton campaign being hoel no. we like. >> the democrats. the they are now out there actively raising money off the can donald trump, taking what he says, you need to give us money to stop this guy and technically she's in a primary fight with bernie and let's be honest, hillary clinton, if she could choose any republican to run against in the fall of 2016, it would be donald trump. >> she would love to have donald trump on the other side thank you, steve. stick around as well. kasie hundt, thank you.
and now watching a courtroom at fort bragg north rare line a will be arraigned before a military judge about an hour from now. sara, what do wee expect to happen today? >> we're expecting that it will be brief, richard, as sergeant bergdahl is arranged on charges of diversion and carrying u.s. troops. they may ask to move the trial. he will be asked if he would prefer a judge or a military panel. he was released as part of a prisoner exchange in 2014.
he's disappeared from his outpost in 2009. told the dealings within -- sect the base is very tight as bowe bergdahl max his first appearance in court. >> that's going to be happening in about 50 minutes annual be there for us. >> let's bring in military analyst, retired army colonel jack jacobs and medal of honor recipient. colonel, we're just looking at the charges that he could face. and it's basically two. one facing up to five years of confinement, the other facing up to life in prison. this is what they are considering in this case.
the original recommendation, as you know, was on the misdemeanor level. what is the significance of the superior officers saying let's go for more severe possible outcomes. >> not necessarily a misdemeanor. it was a special court martia that could adjudge a sentence of no more than a year. the court martial convening authority decided to prosecute in a general -- the commanding general can decide anything he wants, in a case where a recommending officer would represent a special court martial and therefore a lesser sentence. so it's totally up to him. i think the commanding general
having had experience and he's a commander of commanding demands, decided to speak the harsher -- rather than some sort of plea arrangement which a special court martial would otherwise provide. >> what do you expect to happen today? what do you expect in terms of any potential surprises as we move forward in in case? >> i think surprises are unlikely. now all of the public is in this situation. there will be probably an affirmation but mabd even a discussion of when that will take place. i'll be surprised if there are -- it might pop up. the government may deep side
they're going to publicly make some sort of plea arrangement. other in what is going to be a long two or three and as those acts are coming up, we've been listening to an interview that bergdahl has been given. here's what he said in terms of remembering and explaining at least what had happened when he encountered afghans in 2009. we'll listen to that and i'll get your response. >> i told him i basically was fed up with the commanders. you have it remember. >> this is being splitered to the point where i'm trying to get guys to understand what i'm saying?
>> base. they were disrespectful because that didn't so i came up with the rudes and they couldn't understand what rule. how much will these podcasts play in do you think? >> not very much. to talk about it in public is not going to help his case. so he leaves his combat post in the middle of of a war and is talking to local afghans, who may or may not be taliban, and this is not going to help him in the long run really. >> we expect arraignment within
the hour. colonel jacobs, thank you as always. >> no fighting has erupted about 25 miles from where a suicide bomber attacked and killed six u.s. troops. . as the trooms a driver on a motorcycle drives into the group and then detonates his vest. one of those six victims was joseph almost jim joins us now, mchow does. >> well, richard, this assault had killed six american air national guard and part of the office of special -- it's
indicative of a resurgent taliban across afghanistan over the past year. just the week before the pentagon released its public as isment on the situation there in afghanistan, which got little attention at the time. but the headline in that report said that the battlefield situation in afghanistan for the afghan military has deteriorated, that the tall ban are -- taliban is launching a thousand attacks a month and there is an increasing level of concern about their ability to take on the taliban at this point and it has to have officials reassessing strategies on the ground. >> more about the suspect behind
the fatal and allegely intentional hi and run in laughs, who is also expected to hear in court later this morning. . we're live from the strip with no details. ♪ (cell phone rings) where are you? well the squirrels are back in the attic. mom? your dad won't call an exterminator... can i call you back, mom? he says it's personal this time... if you're a mom, you call at the worst time. it's what you do. if you want to save fifteen percent or more on car insurance, you switch to geico. it's what you do. where are you? it's very loud there. are you taking a zumba class?
we were getting new details on the fatal hit-and-run crash in las vegas. lakeisha holloway had been living in her car for at least four weeks. she remains on suicide watch pending a bail hearing in just about half an hour. she's facing murder charges after veering her car on to the sidewalk in vegas killing one person and injuring dozens more.
her 3-year-old daughter was seated in the back and was not hurt. let's bring in scott kohn from las vegas. scott, what do we expect to hear in the hearing today? >> this is likely going to be little more than a formality. he's going to argue she continue to be held without bond. the charges speak to that. she's been charged with murder, child abuse and leaving the scene of an accident all as a result of that rampage on the las vegas strip sunday night. we are learning a little bit more about lakeisha holloway. she is someone who showed a great deal of promise in her youth and could potentially face life in prison. she was awarded a scholarship back in 2009 from educational credit management corporation, had a couple of minor traffic offenses in the nature of driving without a license,
driving without insurance in 2011 but later that year reportedly receiving a role model award from the portland opportunity industrialization center for overcoming her history of homelessness as a freshman in high school and then working with at-risk youth. now of course her life has taken a drastic turn and she will be on closed circuit tv before a judge in about an hour and is likely to remain in jail. . richard? >> a lot coming up, including space history made overnight. >> and new video may reveal why he crowned the wrong beauty queen. it meant a lot to him... yes, ge makes powerful machines.
but i'll be writing the code that will allow those machines to share information with each other. i'll be changing the way the world works. (interrupting) you can't pick it up, can you? go ahead. he can't lift the hammer. it's okay though! you're going to change the world. but i think women would agree... watching football together is great... huddling with their man after the game is nice too. the thing is, about half of men over 40 have some degree of erectile dysfunction. well, viagra helps guys with ed get and keep an erection. ask your doctor if your heart is healthy enough for sex. do not take viagra if you take nitrates for chest pain or adempas® for pulmonary hypertension. your blood pressure could drop to an unsafe level. to avoid long-term injury, seek immediate medical help for an erection lasting more than four hours. stop taking viagra and call your doctor right away if you experience a sudden decrease or loss in vision or hearing. ask your doctor about viagra. available in single packs.
i built my business with passion. but i keep it growing by making every dollar count. that's why i have the spark cash card from capital one. i earn unlimited 2% cash back on everything i buy for my studio. ♪ and that unlimited 2% cash back from spark means thousands of dollars each year going back into my business... that's huge for my bottom line. what's in your wallet? a texas grand jury decided not to indict anyone in the case of sandra bland, the woman who
died in a texas jail last summer. she was found dead in her cell three days after she was arrested for a traffic stop. her death was ruled a suicide. a grand jury will reconvene to determine whether to charge the officer who arrested her. >> and bill cosby has filed a suit against beverly johnson and it follows. johnson responded in a statement that reads in part, "in cases of rape and abuse, abusers will do whatever they can to intimidate and weaken their victims to force them to stop fighting. i ask for your support of all of the victims involved." we should know here, bills co c has repeatedly denied all the
allegations against him. >> and spacex's first launch since june when its rocket exploded just minutes after take-off. >> now to the major miss universe gaffe that has been exploding on social media and by all the water coolers and perhaps the most awkward moment in the history of the pageant. the crown was removed from miss colombia and place on miss philippines. while harvey has taken responsibility, a new offstage snapchat video may be shedding new light on what happened. here's willie geist. >> i have to apologize. >> this morning the fallout over the miss universe debacle is growing. host steve harvey still saying he misread the ballot card
accidentally awarding miss colombia the prize. but a snapchat video may show a different story, "teleprompters said" miss colombia. in its official statement the miss universe pageant says "human error came into play," with harvey maintaining it was his mistake. >> it was my mistake. >> facing mounting criticism online, he's getting support from celebrities. >> comedienne mindy kialing said you couldn't have paid me to be interested in the pageant before this. i love steve harvey. the bizarre sequence of events
began when harvey declared her the winner. >> colombia! >> for a full two minutes she was on stage alone basking in the glory of her apparent victory until harvey returned back to the stage. >> four and a half minutes after being announced as the winner, miss colombia's crown was awkwardly removed by miss universe and placed on the head of a stunned miss philippines. >> despite the mistake, viewers in the philippines were thrilled, turning union night's gaffe into a strange movement from around the world. >> coming up, some pressure numbers showing -- plus a texas teen is still on the run. new details for the so-called
affluenza teen ethan couch. for years to come. how can you help? by giving a little more, to yourself. i am running for my future. people sometimes forget to help themselves. the cause is retirement, and today thousands of people came to race for retirement and pledge to save an additional one percent of their income. if we all do that we can all win. prudential bring your challenges® theand to help you accelerate,. we've created a new company... one totally focused on what's next for your business. the true partnership where people,technology and ideas push everyone forward. accelerating innovation. accelerating transformation. accelerating next. hewlett packard enterprise.
and back now to the race for the white house. donald trump's lead is growing in his bid for the republican nomination but ted cruz also rising in this latest poll. the texas senator now within four percentage points of the front-runner in a national quinnipiac survey. this morning trump has created yet another controversy by waging a very personal and vulgar attack on hillary clinton. he referred to her bathroom break saturday night as, quote, disgusting and used a vulgar term for a piece of male anatomy when describing her 2008 primary loss to president obama. steve kornacki is back and hallie jackson on the campaign trail. tonight there is a new documentary "citizen trump." >> yes, we don't realize he has been in the public high really for 40 years.
so this documentary goes back and tells you the whole story stuff you forgot about or didn't know in the first place. one story he goes to new york in p in the mid 1980s, there was a project to renovate a major ice skating rink in central park. donald trump knew how to get it done and get publicity after it. >> the woman's skating rink had been closed for years. >> they had spent over $7 million over years. i said this is ridiculous and i was able to convince everybody to let me build it. >> donald is the gifted self-promoter, went out and pitched this as i got done what
new york city couldn't get done. >> i think you see trump being frustrated with how inept and useless the u.s. government is and jumping in and saying i'm going to fix this. >> donald trump looked a little different but the hair wasn't quite the same back then either. >> yes, he always got things done. you don't have to agree with how he got it done but he did get it done. don't miss ton's special "citizen trump." taking you over to nashville who's traveling with ted cruz. hallie, cruz's camp has to be smiling about this new quinnipiac poll now very, very close in terms of where he is compared to donald trump. if you just look at the margin of error, plus or minus, 4.4 percentage points, it's a wash. >> yeah. he's within the margin of error
now, richard. and ted cruz up 8 percentage points, more than drm donald trump. so what are you going to see today here in nashville? i any it's the same as you've been seeing for texas who is becoming increasingly confident on the came pain trail. i was with him for a bus tour back in august. he was good one-on-one. but you're seeing ted. this was all part of the campaign strategy. they're looking at the long game. ted -- the question is how do you translate that into long-term success when it comes to picking up debt gats?
they want to prove that ted cruz could potentially win iowa and peacekeeper take it where his campaign and consistent conservatism resonates, it does not want to attack donald trump. how about and to go back to what steve kornacki was saying a little bit earlier, does drum's comments really sort help him? he he just needs to stay on point. >> right. do what what you're doing. ted cruz has got i don't know where he is because he has refused to attack donald trump in a significant way. so why change at this point? you have a lot of attention, a lot of scrutiny on donald trump
and that's allowed other candidates to stay the course, keep the course slow and steady, which is a benefit to people like ted cruise. >> officials in texas say they've received hundreds of lead in the search for the teen who used the so-called affluenza defense in court. authorities are trying to track down ethan couch and his mother as well and the two may be traveling in this black pickup truck. >> we're trying to can and this pickup truck is one thing we haven't been able to account for. >> and the -- carey sanders is
in dallas for us. >> they are now checking manifests to see if ethan couch climbed on an airplane and fled. but they're saying it's just as possible he took off behind the wheel of a car or pickup truck. this morning they are searching for a ford f-150 like like that that his mother drives. norts believe she may be helping him. >> he comes from a wealthy family, ten elude law enforcement? >> i don't know about this country but not in tarrant county. >> ethan killed four people and injured nine in a horrendous accident. his defense -- that he didn't know right from wrong because he grew up affluent. this led to probation instead of prison time.
investigates -- investigators believe this is why he's on the run. it could be a violation of his probation. finally what he calls a wrong, couch's proation can now be made right. >> eye like for him to see up close and personal thein side workings of the adult criminal justice system. and the family members have chosen not to speak, when ehan those family members may finally see some why is. will the me bring in our chief correspondent, ari melber. is it a clear violation? will he go to jail and if he
does, the family will feel like some justice has happened. what do we know? >> yes, this is a violation of the probation based on the public information available. weep know he's essentially on the lamb. you have the original charges that be be brought back. and sometimes as you know when people are out on a limb, they make other crimes and a cover-up, particularly with regard to any investigation or law enforcement official could be in charge. he got one shot here and blew it. >> if you were on location, any partport. typically it's up to the yes, i did you have to remember when
people are out on probe's or out on bail that, usually reflects a judgment that they are not necessarily a flight risk or reoffense risk. if you thought they were a flight risk, judges have tremendous discretion if you think the first one is not going to run. you're not getting out because the judge is going to say you're already at risk. you have here a combination of money and youth where people say you know what, here's a kid, give him a shot. >> remine. >> well, richard, i would put if simply, it's that a real con ro
you can say i grew up poor, i p u grew up rich, i grew up without parents. in some way those are mitigating factors. it not a calm of mitt grating actor. e. >> he was unable to understand what was right and wrong. >> he lived in some kind of a bubble. poor him. a lot of people have criticized that defense. >>. >> millions near of s cous coul in the east, some may not be complaining. the latest holiday forecast from coast to coast.
we thought we'd be ready. but demand for our cocktail bitters was huge. i could feel our deadlines racing towards us. we didn't need a loan. we needed short-term funding. fast. our amex helped us fill the orders. just like that. you can't predict it, but you can be ready. another step on the journey. will you be ready when growth presents itself. realize your buying power at open.com.
this is a nice stocking stuffer for millions of americans across the country. traveling over the holidays. tom costello takes a look at falling prices at the pump. >> at last check, it was still being cleared, bumper-to-bumper delays. >> reporter: and they're off, 91 million americans hitting the road for the holidays and for the first time in six years, gas is now under $2 a gallon. if your college kid is driving home from syracuse university to providence, the 300-mile trip will cost $23.88 in fuel, a savings of nearly $15. driving home from the university of michigan in ann arbor to st. louis, le$25 savings.
>> now gas is cheaper than a gallon of milk at $3.34, even a small coffee at $2.15 and it's translating in all-time record car sales, more than 17 million, a whopping 15% of them light trucks and suvs. this new suv only gets about 20 miles to the gallon in the city but with cheaper prices at the pump, many say it makes them more affordable to drive. >> can you imagine all the money i'm going to save? maybe i can buy a boat. >> it gives you budget to afford something a little bit bigger. >> and big savings on heating bills this winter. with predictions this could be the new normal for several years to come. tom costello, nbc news,
washington. >> let's get over to bill karins, our meteorologist. it's going to be great. we can at least roll do your our windows at we're driving because the weather is so good. we can rake leaves. the honey do list will be out there. >> some people say it going fall, fall spring. >> nino has been in effect. i feel bad for the ski areas. they tried making a ton of snow when it was cold this last weekend and now they're going to get blow torched over the next couple of days and it's going to do a ton of melting. the heat is starting to build in texas. we're going to have a lot of warmth. as we go into wednesday, near record highs near solution. how often does chicago in late december get thunderstorms and 61 degrees. we're you'llly going to see a
severe area, 35 million people with a slight risk of severe weather and mabe even a really doors off. 76 in washington, d.c. 73 in new york on christmas eve. these are going to approach all time december temperature records. not like it gets chilly on christmas. still in the 60s and 70s as far north as boston. just unheard of. >> i still think you made a mistake on those. >> doesn't look right. doesn't feel right. up next, some stunning numbers on rising gun sales this holiday season. >> this gun shop in georgia says business doubled since this time last year. we're live with more on the reason why coming up after the break.
ugh! heartburn! no one burns on my watch! try alka-seltzer heartburn reliefchews. they work fast and don't taste chalky. mmm...amazing. i have heartburn. alka-seltzer heartburn reliefchews. enjoy the relief. prge! a manufacturer. well that's why i dug this out for you. it's your grandpappy's hammer and he would have wanted you to have it. it meant a lot to him... yes, ge makes powerful machines. but i'll be writing the code
nbc's gabe gutierrez joins us from a gun shop in smyrna, georgia. what kind of jump in sales are you seeing? >> hi, richard. good morning. the manager here at adventure outdoors says business has nearly doubled since this time last year. the holidays are typically busy. but gun shops haven't seen a surge like this since president obama's re-election. at this gun range outside atlanta, business is booming. >> i'm here to promote safety for my grandchildren. >> reporter: just in time for christmas. >> a semi-automatic. >> ever since the paris attacks, we had a lot of customers coming in buying, you know, first guns, buying guns to protect their homes, their families, and themselves. >> reporter: louis cole was on the hunt for the perfect gift for his wife. >> this is her. like any good husband, i ask for the list of christmas items that you would like to have and one of the items was a firearm.
>> reporter: last month, the fbi ran more than 2.2 million firearm background checks for potential buyers. 24% more than the previous november. generally gifting guns within your own state is allowed under federal law, and in many states the person receiving the gift is not required to get a background check. >> what kind of ammo would you like? >> a lot of people don't understand firearms and, you know you don't understand something, it is easy to be afraid of it. i think it is a large piece of american culture, especially growing up in the south. i don't think twice about guns. >> reporter: it is not just weapon sales that are soaring, but accessories. this arizona company, the well arm ed woman, is aiming for a different demographic this holiday season. >> it is a significant gift of love to arm the people that you love with the tools and the training to protect themselves. >> reporter: this morning the space under ashley sarris' christmas tree is crowded. a new rifle for her husband.
>> i just pulled the trigger on it and picked it up for him. >> reporter: a gift she hopes is right on target. so much for that christmas surprise, if he's watching this morning. so when it comes to gifting guns, so-called straw purchases, of course, are illegal, meaning the exchange must be a gift. and the recipient can't pay you back. richard, a gift card might be the simple option. >> thank you so much to nbc's gabe gutierrez in smyrna, georgia. a jam packed tuesday on msnbc live. we're keeping an eye on the courthouse in ft. bragg, north carolina, where sergeant bowe bergdahl is about to be arraigned before a military judge, facing charges stemming from his decision to walk away from his post in afghanistan. we go there live. plus, new polls show donald trump still riding high. but did he reach a new low with comments about hillary clinton?
♪ (cell phone rings) where are you? well the squirrels are back in the attic. mom? your dad won't call an exterminator... can i call you back, mom? he says it's personal this time... if you're a mom, you call at the worst time. it's what you do. if you want to save fifteen percent or more on car insurance, you switch to geico. it's what you do. where are you? it's very loud there. are you taking a zumba class?
if it doesn't work fast... you're on to the next thing. clinically proven neutrogena® rapid wrinkle repair. it targets fine lines and wrinkles with the fastest retinol formula available. you'll see younger looking skin in just one week. one week? this one's a keeper. rapid wrinkle repair. and for dark spots rapid tone repair. from neutrogena®. and for dark spots rapid tone repair. ♪ aneverything kids touch during cold and flu season sticks with them. make sure the germs they bring home don't stick around. use clorox disinfecting products. because no one kills germs better than clorox. at the top of the hour, live to ft. bragg, north carolina,
where bowe bergdahl is making his first appearance in front of the military judge. he's being arraigned on two counts including desertion and misbehavior before the enemy and could face life in prison. nbc's sarah daloff is at the courthouse now. we understand sergeant bergdahl is in the courtroom right now. what do you expect to happen? >> sergeant bergdahl arrived more than an hour before the start of the hearing, hurrying from a nondescript car outside into the courthouse. he's being arraigned on charges of desertion and endangering u.s. troops which could carry a life sentence in prison if convicted. this morning's proceedings should be brief, bergdahl is expected to be asked if he prefers to be tried by a judge or a military panel. his attorneys may also push to have this trial moved to texas. he told the podcast serial he
walked off post in afghanistan in 2009 to draw attention to perceived leadership failures in his unit. he was captured by the taliban and later released as part of a prisoner exchange involving five guantanamo bay prisoners. the case has been controversial at every stop along the way, and security here is tight, richard, as this arraignment is expected to get under way momentarily. >> sarah, thank you so much, live for us in north carolina. want to bring in jeffrey cornyn, former army jag officer at south texas college of law. this stage we're in now, jeffrey, how important is it? >> well, what this indicates is the beginning of the actual criminal trial. it is not going to be much of a procedure. an arraignment is the process where the defendant is notified of the charges, informed of his rights, and asked how he pleads. he doesn't have to enter a plea today. he can defer that. but it is an important moment in
the military justice process because it is the point in which the military judge takes over the criminal trial. so all the discussion about what the commander thought was the right thing to do up to this point now kind of stops and now it is a regular criminal trial like we see in any criminal court. >> okay, so it is straightforward, what we're use ed to seeing when we're talking about civilian courts, criminal courts. the original recommendation that came down was that bergdahl should face a special court-martial, and maybe get up to a year in prison and a misdemeanor level as prescribed by some. in this particular case, he faces potentially two outcomes, one of which is as much as life in prison. why do you think here, lieutenant colonel, the commanding officer opted here for the harsher potential punishment? >> well, let's make a couple of things clear. first off, this is an authorized maximum penalty.
the military justice system doesn't have mandatory minimums or guidelines. so that's the most he could get, but it doesn't indicate that that's in any reality what he will get. it will be up to the court to decide based on all the evidence what the appropriate penalty is. i believe the commanding general entrusted with the responsibility of reviewing this case and deciding what level of court-martial to select focused more on putting bergdahl in jeopardy of a dishonorable or bad conduct discharge. had he adopted the recommendation of the investigating officer and sent this case to a special court-martial, bergdahl would not have been at risk of what we call a punitive discharge. only a court-martial can do that. in order to put bergdahl in jeopardy of that penalty, it had to be sent to a general court-martial. >> what is the potential of a
plea here? >> well, there is always a potential to plea. i don't think that the factual issues in this case are that complicated on the question of guilt or innocence. i think the evidence is relatively clear and even his own statements in these podcasts are evidence against him that indicate he made a decision to abandon his post and to leave in circumstances where it would qualify as desertion. i think there is a good possibility that his defense counsel are discussing with him the option of offering a plea of guilty in exchange for limiting his risk of penalty, probably in the form of avoiding jail time. the real issue in this case is what is the appropriate puni punishment and that's a much more complex issue. because in a military court, it is a very advanced process in determining what the appropriate penalty will be, and the court will be instructed to select a punishment that fits the -- not only the crime, but also all the
mitigating and extenuating circumstances and is not excessive based on the evidence. and the suffering that he endured, which was really unacceptable, the taliban were terrible. and there is no excuse for the br bre brutality they inflicted on him. >> retired lieutenant colonel jeffrey cornyn, thank you for your perspective today. donald trump is upping the ante in the presidential race. new comments by the republican candidate being labeled as sexist, dangerous and highly inappropriate. but as usual, the more wild rhetoric, the more trump surges it appears. new polling this morning shows the billionaire business growing his lead here. he's ahead of texas senator ted cruz by four points, a lead that is just within the poll's margin of rhetoric, it is
getting personal with hillary clinton. she refuse ed to apologize claiming isis uses trump's own words as a recruitment tool. casey hunt in d.c., ali vital in michigan and steve kornacki with me in new york. casey, some very vulgar comments coming from donald trump again. >> richard, you alluded to this at that massive rally in grand rapids last night. donald trump making a series of comments that have raised some eyebrows. in particular this one vulgar comment referring to the male anatomy he directed at hillary clinton. we're going to show you the unedited version so that you can take some context. >> i may win. i may not win. hillary, that's not a president. that's not -- she's not taking us to -- everything that has been involved in hillary has been losses. you take a look. even a race to obama, she was
going to beat obama. i don't know who would be worse. i don't know. how does it get worse. but she was going to beat -- she was favored to win and she got slonged. she lost. >> donald trump using vulgar language to describe hillary clinton's loss in 2008. hillary clinton has been more aggressive in calling out instances of sexism over the course of this last campaign than maybe she was in 2008. but it looks like this may go even too far for a response. her communications director jennifer palmieri saying on t t twitter, quote, we're not responding to trump, but everyone who understands this e degrading language inflicts on all women should respond. #i'mwithher. it looks like the clinton campaign will respond to this by not responding, by backing away and not giving trump additional room to run on this. >> as they may have yesterday, when they said hell, no, in the
response that came from her camp her response to trump. let's bring in ali vitale. in addition to referring to the male anatomy, trump talked about killing journalists. i want to play that first and get your reaction from that. >> by the way, i hate some of these people. i would never kill them. i hate them. i think -- these people, honestly, i'll be honest. i'll be honest. i would never kill them. i would never do that. no, i wouldn't. i would never kill them. but i do hate them. and some of them are such lying disgusting people. it's true. it's true. it's true. but i would never kill them and anybody that does, i think, would be despicable. >> so, ali, you were there for all of that.
the crowd just absolutely loving what he was saying. although some people on the outside not. what was your reaction? >> richard, those are new words, same sentiment. for as long as i've been on the beat, donald trump has been whipping up anti-media sentiment at the rallies. he knows that's what the crowd wants to see. he wants to see him push back against the establishment. they have a heavy distrust of what the media tells them. many tell me they don't feel they have seen interrupt's comme trump's comments in full. one couple last night even told me, i asked them about what they thought about when trump said his media comments about killing journalists or not killing journalists, rather, they said it was a deserved verbal lash to the media, we deserved to be nudged and winked and nodded at like that by the candidate, but also assured me he's not coming for you, he's just joking.
another thing i hear from the supporters is that they have a very wary eye toward the media, like i was saying. donald trump, the thing i caution people when talking to them about how to interpret trump's comments is he's the consummate brander, marketer. he knows what his audiences are there to see. and in this instance, as with many others, lashing out against hillary clinton, pushing back against the media, those are all things his audience is really there to see and they want to hear more from him on that. he's giving them what they want and he knows he's doing that, richard. >> they are roaring him on. steve kornacki in the studio with me now. donald trump, a master communicator, really hitting that person of one that one to one communication. and he's using an old rhetorical device, back to like the 1600s, by saying, but not saying it, i don't want to kill them, you're not ugly, you're not disgusting, which he alluded to hillary clinton as disgusting because she may have had to use the bathroom during the debate. all of this, though, the
response not coming from clinton campaign. we just saw palmieri saying, we'll stand back on this one. >> i would call it a nonresponse response. still managed to get a few digs in there and they -- i don't think they want to go much further than that. and, look, from trump's standpoint, the fact that hillary clinton and this particular flare-up started in that democratic debate on saturday night, hillary clinton said in that debate, donald trump is the best recruit ing tool now that isis has. that set off this particular back and forth. donald trump running for the republican nomination, relishes that, he relishes the media saying, my god, he's gone too far. he rylli irelishes hillary clin saying he's way over the line. the republican base doesn't like hillary clinton, doesn't trust hillary clinton, really doesn't like the media, doesn't trust the media. he get these two forces aligned against him, that could help him with the base he's trying to appeal to. >> he's watching the tv screens and seeing the word lies show up a bunch of times. what is the best for the clinton
campaign in terms of dealing with this? describing palmieri's response as being a little bit of both sides. >> you want to be purely strategic about this, if you're the clinton campaign, you can look at all the republicans running for president and pick one to be on the battle against you next november, they would love for it to be donald trump. i imagine at some level if you're hillary clinton and can do something that is going to help him with his base to get the nomination, you'll do it. at the same time, it is not just hillary clinton we have. the democratic national committee president obama, they're out there today, raising money off donald trump. they're using what trump is saying, what he's doing and saying to democrats, hey, open up your wallet, give us money so we can fight this guy. they see him as a tool to help them raise money. an element of this reinforces both sides positions. >> steve kornacki, thank you so much. also casey hunt, thank you so much. and still ahead, the new york city police department is mourning one of its own following a suicide bombing in afghanistan that killed six
americans. plus, new information about the woman police say intentionally drove her car on to a sidewalk along the busy las vegas strip as we await her bail hearing this hour. another e. coli investigation is under way at chipotle restaurants. could this be linked to a previous outbreak? ♪ everything kids touch during cold and flu season sticks with them. make sure the germs they bring home don't stick around. use clorox disinfecting products. because no one kills germs
better than clorox. just about anywhere you can use splenda®... ...no calorie sweetener. splenda® lets you experience... ...the joy of sugar... ...without all the calories. think sugar, say splenda® give the gift of the better network. save up to 50% on our hottest android smartphones like the samsung galaxy s6. get the best deals and the better network. but i think women would agree... watching football together is great... huddling with their man after the game is nice too. the thing is, about half of men over 40 have some degree of erectile dysfunction. well, viagra helps guys with ed get and keep an erection. ask your doctor if your heart is healthy enough for sex. do not take viagra if you take nitrates for chest pain or adempas® for pulmonary hypertension. your blood pressure could drop to an unsafe level.
new developments out of las vegas on the fatal hit and run crash over the weekend. the suspect lakeisha nicole holloway is set to appear in court for a bail hearing a short time from now. the 24-year-old is facing murder charges after veering her car on to a busy las vegas sidewalk killing one person and injuring dozens more. all this while her 3-year-old daughter was seated in the back. we're also learning more about who she is. authorities say the oregon native had been living out of her car for at least one week
and say she was homeless for a period of time in high school. msnbc's scott cone in las vegas has more for us in front of the courthouse today. we're expecting that to start shortly. what do we expect today in court? >> well, we expect that the district attorney, steve wilson, will again argue that she be held continue without bail on charges of murder, leaving the scene of an accident, child abuse. what was it that pushed lakeisha holloway past the breaking point on sunday night? we still don't know. but we are filling in some more of the blanks. at the time of her arrest, she told police that she kept on getting run off of the properties where she was trying to just catch some sleep in her car where she was living for roughly a week. she found herself on the las vegas strip, she told officers, a place where she did not want to be. but what it was that caused her to drive on to the sidewalk twice and mow down all those people, we still don't know. we also know a little bit more about her background, once
promising young woman in -- growing up in portland. she was one of just about 75 high school students getting a scholarship from educational credit management corporation. she was convicted of a couple of minor traffic offenses a couple of years later in the nature of driving without a license, driving without insurance. but then later the same year reportedly received a role model award for her work with at risk youth and overcoming the period of homelessness as a freshman in high school. so she had a lot going for her, but clearly her life took an awful turn and will continue on that path, it appears, when court gets under way a short time from now. >> scott cone live for us in las vegas, thank you very much. a live look at we await a justice department report on philadelphia's police department. we'll have the latest developments when we come back. we'll give you a special preview of the unique look at donald trump, set to air tonight, here on msnbc.
erectile dysfunction get and keep an erection. talk to your doctor about viagra. ask your doctor if your heart is healthy enough for sex. do not take viagra if you take nitrates for chest pain or adempas® for pulmonary hypertension. your blood pressure could drop to an unsafe level. to avoid long-term injury, seek immediate medical help for an erection lasting more than four hours. stop taking viagra and call your doctor right away if you experience a sudden decrease or loss in vision or hearing. ask your doctor about viagra. they come into this iworld ugly and messy. ideas are frightening because they threaten what is known.
they are the natural born enemy of the way things are. yes, ideas are scary, and messy and fragile. but under the proper care, they become something beautiful. htake care of what makes you,e. you. right down to your skin. aveeno® daily moisturizing lotion with 5 vital nutrients for healthier looking skin in just one day. aveeno®. naturally beautiful results®
federal health officials are looking into more e. coli cases to see if they're part of alarger outbreak that started in october. the cdc says five people in kansas, north dakota and oklahoma got sick about a week after eating at chipotle last month. the company believes the cases are related to the earlier outbreak that sickened about 50 people, but the cdc says early evidence shows a different strain of the bacteria may be involved. now to michigan where a 13-year-old led police on a brief car chase with his little sister inside. police tried to stop him for erratic driving saturday night, but the boy drove off. didn't get too far, though. the boy lost control and crashed his car off the road and tried to run away with his sister. the chase and crash were caught on police dash cam video. the teen is now in juvenile detention. his 8-year-old sister back home safely. look at this, passengers on board the sky tower at seaworld
orlando were stuck up there for two hours monday. maintenance workers lowering the rotating pod back to the ground safely, rescuing the people on board. the 400 foot sky tower ride opened in 1973. happening now in pennsylvania, the department of justice releasing its six month assessment of the philadelphia police department. live pictures you see now. the report focusing on the department's use of force policies and practices and was requested by philadelphia police commissioner charles ramsey back in 2013 after police involved shootings had risen in the city despite an overall drop in the crime rate. today's report is a follow-up to one in march that revealed philly police department routinely shot civilians most of them black. it was inadequately trained, and lacked a transparent review process for police involved shootings. joining me now is professor of law and police studies at john j. college of criminal justice, eugene o'donnell.
thank you for being here. what do you make of the philadelphia police commissioner, charles ramsey, coming forward and asking for this review ? >> i have to say it is a little disturbing. not just happening in philly, it is happening throughout the country, where police chiefs and mayors are turning to the justice department and basically asking them to run their police department. at some point it becomes disturbing that in house people, a lot of managers in agencies, political people closer to the ground, they can't get a hold of these issues locally. >> we're still listening to details come in right now of that report. do you think whatever they're releasing now could inspire these other cities as you were discussing how it is a problem, not only in philadelphia, to follow whatever philadelphia's lead is here? >> just have to be very careful. no question it needs to be tightening of training and oversight and some protocols. but this is not a panacea. lapd, went through one of these procedures for 13 long and expensive years, with lawyers
and academics crawling all over the place. and this year lapd is back to having 30 fatal shootings because there say lis a lot of in society. the idea by bringing in these people to look at those issues that this is going to be a solution, the other problem, the justice department never addresses is in philly and other cities, people are shooting and shooting again and not being arrested. and, again, the guns are taking the lives of a lot of young people and we have to figure out a way to have the police engaged, a way to reduce acts of deadly force. but the truth is, we see this in philly, if you overlay police shootings in the districts that are the most problematic in terms of violent crime, there is a tremendous relationship between police shootings and communities that have neighborhoods in philly that have shootings and guns and aggravated assaults and robberies. >> so one of the questions that are out there here for this assessment is that it seems to
be happening in areas that are more predominantly african-american. is that a common dynamic also that you have seen and other assessments being made across the country? >> it is. and it is concerning and there is definitely room. we're seeing there is room to be tightening these procedures, police are always shooting as a last resort. the reality has to also be to co-exist with the truth, in many cities, 95, 98, 99% of the victims of violent crime being shot, chicago has 12,000 shootings in five years, that the minority people are on the receiving end of those events. that's not to say, though, that police shooting events can't be reined in. some are bizarre and some departments still have shockingly poor oversight protocol accountability and training so there is a lot to do, but, again, the reality is
we have tremendous amount of gun violence and it really affects the police in a bad way. they're always thinking, always thinking of busy places, worst case scenarios. >> eugene o'donnell, thank you very much. we'll get the latest details out of philadelphia as they finish their briefings very shortly. right now, we want to head live to ft. bragg, north carolina, where bowe bergdahl, making his first appearance in front of a military judge, sarah dallof is outside the court. what just happened? >> as we expected, it was a very brief hearing, lasting ten minutes, very cut and dry during the arraignment. sergeant bergdahl deferred his plea to his next hearing, scheduled for january 12th. he also deferred his decision to if he would like to be tried by a judge or by a military jury. he answered all questions that the judge put forth, but other than that, did not speak in court. when he did speak, he stood, he was in his dress uniform and
answered in a full voice. just a moment ago, he left court, flanked by military personnel. we also learned more details about how the trial and how the sentencing phase may run. two-thirds of a jury must agree by silent vote on either guilt or innocence. two-thirds must also agree on his sentence unless it is going to be more than ten years in which case three-quarters of that panel must make that decision. now, bergdahl's trial may possibly be moved to texas, if his attorneys choose to push for that. he has been on desk duty in san antonio since his release as part of a prisoner exchange last year. in june of 2009, he left base, he tells the podcast serial he did so to draw attention to perceived leadership failures in his unit. he was subsequently captured by the taliban, held by the taliban
forces and later released as i mentioned as part of the prisoner exchange. this has been a very controversial case. people on both sides of the issue, security here has been tight, but as for now, no plea entered today. and the next court hearing, richard, expected to be january 12th. back to you. >> sarah with the very latest for us. thank you very much in north carolina. still ahead, is the unusually warm weather heating up business in some parts of the country? a look at the bottom line at the register and the record-breaking temperatures to boot. ♪
(vo) some call it giving back. we call it share the love. during our share the love event, get a new subaru, and we'll donate $250 to those in need. bringing our total donations to over sixty-five million dollars. and bringing love where it's needed most. love. it's what makes a subaru, a subaru. come happy birthday. i just had a heart attack... and now i have a choice. for her. for them. and him. a choice to take brilinta. a prescription for people who've been hospitalized for a heart attack. i take brilinta with a baby aspirin ...no more than 100 mg. as it affects how well it works. it's such an important thing to do to help protect against another heart attack. brilinta worked better than plavix. and even reduced the chances of dying from another one. don't stop taking brilinta without talking to doctor.
since stopping it too soon increases your risk of clots in your stent, heart attack, stroke, and even death. brilinta may cause bruising or bleeding more easily or serious, sometimes fatal bleeding. don't take brilinta if you have bleeding, like stomach ulcers. a history of bleeding in the brain, or severe liver problems. tell your doctor about bleeding, new or unexpected shortness of breath, any planned surgery and all medicines you take. i will take brilinta today. tomorrow. and every day for as long as my doctor tells me. don't miss a day of brilinta.
♪usic: "another sunny day" by belle and sebastian ♪ ♪ such a shame it's labeled a "getaway." life should always feel like this. hampton. we go together. always get the lowest price, only when you book direct at hampton.com hillary clinton choosing not to respond to the personal attack from donald trump. her communications director tweeting this, a nonresponse. trump continues to be on a roll, leading in one national new poll out today, with senator ted cruz close behind. steve kornacki is back with halle jackson on the campaign trail with ted cruz in tennessee.
first to nashville, ted cruz, just reacting to these latest comments from donald trump. what did you hear? >> yes, he's down in knoxville, richard. the reaction is a nonreaction. he said -- he was asked about the comment made by donald trump about hillary clinton, the one that a lot of folks are finding offensive and cruz's response is there is an abundance of political pundits in the world who like statler and waldorf assess every comment every candidate makes. statler and waldorf, the muppets characters, the old guys in the balcony. cruz said i don't need to be another political pundit. donald trump can speak for himself and i'll speak for myself. this is not a surprising response from ted cruz. he's consistently refew lly re engage. cruz always distances himself from what trump has to say because he doesn't want to attack donald trump and he made that very clear. when it comes to some of the comments, cruz is asked about them on the campaign trail, so not surprising that he is not
going to engage in this one here. >> halle jackson, thank you very much. steve kornacki, not a surprise? will it hurt him at all? these comments were not necessarily tame. >> yeah, but, again, among the republican base trump is out there, bashing the media, bashing hillary clinton, so there is a lot of resonance on the republican base and what halle is saying is right. the strategy that ted cruz is trying to execute here, a soft takeover strategy of the trump base, there is a lot of overlap this in terms of their appeal, you see in this poll cruz moving up now four points as you say behind trump. the strategy for cruz, i think, is not so much he's waiting for the big moment to attack donald trump and take all the supporters, he's kind of just waiting for trump supporters to basically say, you know what, we like donald trump, like what he says, what he stands for, maybe it is a bit much to nominate him for president, but ted cruz, that's a little bit more of a stable choice, that's a little bit more of a reasonable choice, amazingly, you think about it, because cruz at the start of the
race, we said, is it too extreme? because he's in position to look like the tame alternative to donald trump. >> probably didn't think you would be saying that on this day. but who knows. talking about learning more about donald trump, you are previewing a documentary called citizen trump that will be airing tonight. >> that's right. tonight, chris matthews here, our colleague at msnbc is hosting this. it is a look back -- we think of donald trump in the last ten years being so prominent with the apprentice, the presidential campaign, all of this stuff. he goes back 40 years basically in the public eye, and so this is a thing that looks back at his history, at his roots and what is it he's tapping into. we have a clip we can play. >> trump is right. americans know he's right. >> when mexico sends its people, they're bringing drugs, they're bringing crime, they're rapists. >> trump is acting in a very old and shameful american tradition.
every so often, like a fever, anti-immigrant feeling arises. >> excuse me, sit down, you weren't called, sit down. >> what you see is what you get. he's genuine. he's the real deal. >> he is tapped into a part of the electorate that is, i think, deeply angry about the state of the economy. >> how stupid are the people of iowa? how stupid are the people of the can country to believe this crap. >> this
guy is just saying what people are thinking. >> donald j. trump is calling for a total and complete shutdown of muslims entering the united states until our country's representatives can figure out what the hell is going on. >> trump's statement is a dangerous proposal that overrides history, the law , and the foundation of america
itself. >> donald trump, full throttle, ready to destroy anyone who gets in his way. >> and richard, just a reminder of the two worlds that donald trump straddles, all the pundits talking about him, and mike tyson too. >> mike tyson, part of the whole conversation. steve kornacki, thank you very much. don't miss tonight's special with chris matthews, citizen trump, 7:00 p.m. eastern here on msnbc. today is the first full day of winter, but it is a little more like early fall in many parts of the east and may feel like summer by christmas eve. morgan brennan is in new
jersey. and dylan dreyer has your holiday forecast as well. morgan, we'll start with you. are these unseasonably warm temperatures good or bad for businesses? >> well, i think a lot of that depends on the businesses. we'll look at the ones that win from this.
you mentioned, because of this el nino, we have warmer winter -- this warmer winter weather in many parts of the country. in terms of businesses that it is not so good for, a lot of ski resorts don't benefit from this. also some of the apparel retailers stocked up on winter coats and other types of cold weather apparel. in terms of winter, home depot, at this location here in new jersey, the location says that it is selling a lot of christmas trees now and mulch. mulch is something you don't normally see a lot of demand for at this time of the year. the company says despite the fact the midquarter can't share a lot of specifics, consumers aren't necessarily purchasing as many winter products right now, that overall when you see warmer weather in december, it is overall good for business. it drives a lot of outdoor projects. that's something wall street analysts say is the case for lowe's as well. auto parts retailers like auto zone because you see warmer weather, more driving. that means more wear and tear on vehicles, more business for those types of companies.
another one that is benefitting from this is golf. according to golf now, a tee time booking service owned by the golf channel, booked rounds are up dramatically. over 35,000 rounds booked for this month alone in the northeast. that is versus just over 8,000 a year ago. we're also seeing more than nine times as many rounds booked in the midwest versus a year ago. richard, i'll tell you, there is one business that is not necessarily benefiting as much as you might expect. that is landscaping. certainly you're seeing more demand for grass cutting maintenance, but u.s. lawns says that this is also driving up their operating costs, they're having to hang on to more workers, seasonal labor can be scarce. and a lot of these locations, particularly in places like the northeast, focus on snow removal and the equipment is sitting there not being used now. >> morgan brennan, a lot of great facts.
let's go dylan dreyer. the mulch, the golfing. we have all the numbers have to a good conversation over dinner now. >> it is wild. but this is all part of that el nino pattern. we are seeing the effects of el nino felt harder than we felt in recent strong el ninos like 1997. it is already much, much warmer than that. this also means type of setup where we have strong storms out west. we have this moisture streaming in off the pacific. we have seen lots of rain, lots of mountain snow. this is amazing news for the -- not the gulf, for the ski resorts out west, park city, utah, a lot of snow. we're seeing snow pack build and build that is good thing for the drought out in california. on the flip side of that, we have this ridge and the jet stream. record high temperatures likely as we go through the next several days. temperatures will be running about 30 to 40 degrees above average for this time of year. it is incredible. look at our highs for today. even green bay, 39 degrees. that's 11 degrees above average. you get into cleveland, 55.
atlanta, 68 degrees, raleigh, north carolina, 68 degrees. new york city, nearly 20 degrees above average today. and then warmer into christmas eve. look at thursday. new york city, 73 degrees. atlanta, 75. by friday, close to 80 degrees. in tampa, by the time we get to friday, we're close to 90 degrees. this has more of that spring-like feel to it, for sure. and with that spring-like feel, you get storms too. we have moisture streaming in off the gulf of mexico. a cold front moving in from the west, that clash of air mass will produce a slight risk of stronger storms. later on tonight, this isn't really going to happen during the daytime across texas and oklahoma, southwestern arkansas, northwestern louisiana, could see strong storms tonight with the largest threat being large hail. then tomorrow, we could see a possible severe weather outbreak, especially in this area in orange, across parts of tennessee, northern mississippi, northwestern alabama. that's where we could see some stronger tornadoes, gusty winds and also some large hail. so here is your forecast for
wednesday, a huge travel day across the country. it is a mess in the pacific northwest with mountain snow. that will slow you down over the passes and also a lot of rain and wind. the severe storm that we're seeing as a possibility tomorrow through tennessee and parts of the south will be slowing things down at the airports, looking at fog, lots of rain, rain up and down the east coast. on christmas eve, during the day, still the threat of stronger storms in the southeast, rain makes its way into the northeast too. and then on christmas day itself, spotty showers in the northeast, still looking at heavy rain down along the gulf coast and more snow out in the rockies. so it is going to be a christmas like we haven't seen before. pretty wild. >> i could not help but laugh out loud when you said 90. >> almost 90 degrees. unprecedented heat for this long of a period of time. it is crazy. >> who needs hawaii. thank you very much. coming up, no indictments in the death of sandra bland. the texas woman who died in police custody. at least not yet. we'll tell you what's next when the grand jury reconvenes on this case. tching football togets great...
but i think women would agree... huddling with their man after the game is nice too. the thing is, about half of men over 40 have some degree of erectile dysfunction. well, viagra helps guys with ed get and keep an erection. ask your doctor if your heart is healthy enough for sex. do not take viagra if you take nitrates for chest pain or adempas® for pulmonary hypertension. your blood pressure could drop to an unsafe level. to avoid long-term injury, seek immediate medical help for an erection lasting more than four hours. stop taking viagra and call your doctor right away if you experience a sudden decrease or loss in vision or hearing. ask your doctor about viagra. available in single packs. everything kids touch during cold and flu season sticks with them. make sure the germs they bring home don't stick around. use clorox disinfecting products. because no one kills germs better than clorox.
if it doesn't work fast... you're on to the next thing. clinically proven neutrogena® rapid wrinkle repair. it targets fine lines and wrinkles with the fastest retinol formula available. you'll see younger looking skin in just one week. one week? this one's a keeper. rapid wrinkle repair. and for dark spots rapid tone repair. from neutrogena®. and for dark spots rapid tone repair.
redid you say 97?97! yes. you know, that reminds me of geico's 97% customer satisfaction rating. 97%? helped by geico's fast and friendly claims service. huh... oh yeah, baby. geico's as fast and friendly as it gets. woo! geico. expect great savings and a whole lot more. theand to help you accelerate,. we've created a new company... one totally focused on what's next for your business. the true partnership where people,technology and ideas push everyone forward. accelerating innovation. accelerating transformation. accelerating next. hewlett packard enterprise.
army sergeant bowe bergdahl left a military court, arraigned on a pair of charges stemming from his decision to leave his post in afghanistan on 2009. he deferred his plea in the his next hearing which will take place january 12th, three weeks from today. bergdahl deferred his choice of whether to have a judge or military jury trial. the entire hearing took just about ten minutes, we expect to get more information when we hear from the military public affairs officer about half an hour from now. also, in texas, the grand jury there in the sandra bland case will return to work after the holidays to decide the fate of a state trooper. over the summer, this police dash cam video was leased by the texas department of public safety showing bland pulled over for failing to signal a lane change.
she refuse ed to get out of the car and was arrested, accused of assaulting the officer. three days later, bland was found dead in her jail cell. authorities say she committed suicide by hanging, something her family disputes. msnbc chief legal correspondent ari melbourne is back with us. break it down for us in simplistic terms here. no indictment. what should we make of this? >> you have three layers here, the traffic stop, which was controversial, her death, which is what the questions are about, and the process of investigating that. you look at video of the traffic stop as you just reported, changing lanes, turns into this massive altercation in bringing her in. people thought it was excessive force and not handled the best way. in the jail, she's found dead and they say it is a hanging, they say it is suicide. it was ruled a suicide. so then the next question, the third layer we have the news on is this was presented to the grand jury, didn't return any indictments relating to the death. that means at a legal level the grand jurors did not see enough
here to charge a crime. they don't think either it was a crime they don't think people killed her or don't think that they know enough to know who killed her and moved forward with the certainty that it required on that. i will tell you what is messed up here, not my legal hat, that's my citizen hat. >> a legal term, what is messed up here is either this was a suicide in which case nothing should be presented to the grand jury, or something else happened and the prosecutor in normal course would try to prove criminal justification to move forward. so i would criticize not the grand jurors who are taking what has been presented, but this prosecutor in this case, the special prosecutor, apparently thought there was enough to present to the grand jury, but didn't get anywhere because they haven't returned anything. so the question goes back to the prosecutor, was this a suicide or not. >> and this special prosecutor, this is the focus on this first half of this grand jury was is there a question about how she died? which you just outland for us so
well. now they're saying, no, no indictment, can the special prosecutor still redirect them to revisit it or is it done? >> it is effectively done unless there was some brand-new information that came to light. you don't need to indict through a grand jury. that is one method. there are others. people sometimes follow these cases and say, god, this seems different than normal. it can be different than normal. if you or i were stopped on the street there is no grand jury that pops up next to us. the officer is making a decision on behalf of the government to arrest and take you in and a prosecutor presses those charges, again, if they thought this was not a suicide, if they thought this was a homicide, they could charge without a grand jury if they had the evidence. >> let's move to the next step, will this ever be a question of homicide then or is it done?ive the local prosecutor. if the fbi or the feds wanted to get involved and look at this or look at whether there was an alleged cover-up, they could. i'm not saying here on the outside we just don't know what
happened in that jail cell. we're looking at the video. we know the traffic stop was questionable. we know that she was brought to that jail and she didn't seem like someone who was trying to stop her life at that moment. a lot of reporting about her having a job interview and a life and planning other things. and yet this all happened. even if we don't know what happened in there, i will tell you it is questionable for this prosecutor to go and take this case to a grand jury unless they have a determination of whether it was a homicide or not. if it wasn't a homicide, if it was a suicide, they shouldn't even present to the grand jury. >> the headline is locally the question of how she died is no longer moved forward. it is done because of what the grand jury said. great stuff. thank you very much. up next, space history. made overnight in these great pictures after the first unmanned rocket launched by spacex returns safely back to earth. that story up next. so what's your news? i got a job! i'll be programming at ge. oh i got a job too, at zazzies. (friends gasp) the app where you put fruit hats on animals?
i love that! guys, i'll be writing code that helps machines communicate. (interrupting) i just zazzied you. (phone vibrates) look at it! (friends giggle) i can do dogs, hamsters, guinea pigs... you name it. i'm going to transform the way the world works. (proudly) i programmed that hat. and i can do casaba melons. i'll be helping turbines power cities. i put a turbine on a cat. (friends ooh and ahh) i can make hospitals run more efficiently... this isn't a competition! ♪ everything kids touch during cold and flu season sticks with them. make sure the germs they bring home don't stick around. use clorox disinfecting products. because no one kills germs better than clorox.
landing of its unmanned rocket last night. this is the private company's first successful attempt to recover a rocket from an orbital flight. tom costello has more on that for us. hey, tom. >> the pictures were dramatic and exciting, but what spacex managed to pull off is really extraordinary. launching a rocket to deploy satellites and then bringing that rocket back down to earth and landing it on the mark? this now opens the door to an entirely new way of doing business in space. spacex making history with the falcon 9 rocket launching 11 satellites and then returning safely to earth. >> that is that first stage. >> it is the first time an unmanned rocket had to return to earth successfully using a vertical landing and it was spot on. the gigantic 23 story rocket lifted off from cape canaveral air force base at 8:29 p.m.
a live webcast from the company's california headquarters captured it all. its main mission to create re-useable rockets to save on launch costs and make space more widely accessible. it is the brain child of elan musk, the billionaire mogul, also behind tesla. this successful landing comes six months after a failed attempt in june with a massive explosion. shortly after launch, the rocket on its way to deliver supplies to the space station disintegrated. last night, redemption and triumph with elan musk tweeting, welcome back, baby. nasa weighed in too, tweeting, congratulations spacex on your successful vertical landing of the first stage back on earth. just imagine the brain power, the engineering power it took to make this happen. several companies are competing for a piece of the pie to resupply the space station and eventually carry astronauts to the station and beyond. competitor jeff bezos, the ceo of amazon, he achieved a similar
success last month. he couldn't help gloating when he tweeted overnight, congrats on landing falcon suborbital booster stage, welcome to the club. a little bit of gentle ribbing there. back to you. >> amazing stuff there, tom. thank you so much. that wraps up this hour of msnbc live. i'm richard lui in for jose diaz-balart. breaking news continues with an update from the military in ten minutes from now. we'll go live. tamron hall has that up next. it is time for the your business entrepreneur of the week. chris doyle of ec plumbing in lakewood, colorado, has been in business for a year. similar to uber, his approach to finding can customers has been to tap the on demand economy by using several lead generating services to match instantly to a customer in need. for more watch your business sunday mornings at 7:30 on msnbc. our cosmetics line was a hit.
the orders were rushing in. i could feel our deadlines racing towards us. we didn't need a loan. we needed short-term funding fast. building 18 homes in 4 ½ months? that was a leap. but i knew i could rely on american express to help me buy those building materials. amex helped me buy the inventory i needed. our amex helped us fill the orders. just like that. another step on the journey. will you be ready when growth presents itself? realize your buying power at open.com was going to clean if an better than a manual? he said sure. but don't get just any one. get one inspired by dentists. with a round brush head. go pro with oral-b. oral-b's rounded brush head cups your teeth to break up plaque and rotates to sweep it away. and oral-b delivers a clinically proven superior clean versus sonicare diamondclean. my mouth feels super clean. oral-b know you're getting a superior clean. i'm never going back to a manual brush.
right now on msnbc, the feud between donald trump and hillary clinton escalates and gets very personal. we'll play trump's vulgar attack under fire today and what clinton is saying about trump's demand for an apology after she accused him of being a top isis recruiter. and breaking news you, former army sergeant bowe bergdahl in a military court this morning. new details on the charges es facing that could land him in
prison for life. and developing now, the woman who drove that car into a crowded sidewalk in las vegas makes her first court appearance, only moments ago. what she's telling authorities about that fatal crash. good morning, everyone. i'm tamron hall. we begin with the 2016 campaign trail. democratic front-runner hillary clinton will be in iowa today for a series of campaign events, her first stop since donald trump made her the target of a series of vulgar attacks at a michigan rally last night. both candidates escalating their war of words after trump demanded an apology from clinton for claiming that his rhetoric is being used as a recruiting tool for isis. the clinton campaign refused to back down from that claim saying in a statement, quote, hell no regarding the apology. hillary clinton will not be apologizing to donald trump for correctly pointing out how his hateful rhetoric helps isis recruit more terrorists. intelligence experts say isis has not