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tv   NBC Nightly News With Lester Holt  NBC  September 3, 2015 6:30pm-7:00pm EDT

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of and appalled by the judge's ruling and josh earnest weighed in. >> there is no public official above the rule of law. >> reporter: april miller and karen roberts have been denied a marriage license three times and are among the couples who are suing. >> it's about our civil rights. >> reporter: they and other couples plan to head to the courthouse tomorrow, five of the six deputy clerks have said they will issue marriage licenses, even while their boss kim davis remains in jail. lester? >> gabe gutierrez, thank you. to today's stunning victory for tom brady beati the nfl in court. his suspension from the delfategate scandal overturned, but the league says that his fight is far from over. our national correspondent peter alexander reports. >> reporter: no last second win by tom brady ever pleased patriots fans quite like this. >> i jumped out of bed happy. >> reporter: the reigning super bowl quarterback four-game suspension e raced and overturned today by a
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new york federal court judge. >> this is a big party, tom is free. >> reporter: across new england, vinld vindication and online celebration. tweets from patriot nation including from rob gronkowski, this season to be a heck of a ride and jfk library and even this dunkin donuts weighing in. the delfategate saga began with brady's alleged involvement in the conspiracy to under inflate footballs for the game against the indianapolis colts. humor. >> such an eivoyable off season. [ laughter ] >> reporter: in a 40-page opinion, judge richard burrman wrote there were deficiencies and the league didn't treat him fairly including his failure to inform brady the alleged misconduct could lead to the stiff punishment he >> the judge vacated the suspension because the nfl violated the process, not because they found tom brady footballs. >> reporter: the nfl
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filed an appeal with goodell say veing the league me t protect the integrity of the job. >> when goodell took the commissioner's job, one thing he said is that everything is on the table, i'm looking at everything. well, he needs to look at the discipline policy right now because it's not working. >> reporter: one week from tonight tom brady will be back on the field for the season opener against the pittsburgh steelers with more than a super bowl to celebrate. and late tonight an nfl source says goodell will skip that season opening game for the patriots at gillette stadium because that source says he wants the focus to be on the game, lester, not the controversy. >> peter, thanks. among those congratulating brady, donald trump that made news of his own today by backing off the threat he's been making to the republican party that may have rivals breathing a sigh of relief but making supporters a bit uneasy. hallie jackson has more. >> reporter: the man behind the art of the deal made a spectacle
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of signing one today. >> here is your pledge. >> reportel:shonald trump promising his loyalty to the gop, and ruling out a un as an independent. >> i see no circumstances under ich i would tear up that pledge. >> reporter: the document not legally binding but still some boll lick -- symbolic embracing the main stream party and infuriating some supporters. >> he's going to sign his own death warrant so to speak if he does so. >>tu reporter: it's trump's position that's propelled him to the top of the field hitting 30% in a new poll day. ben carson in second, jeb bush sliding to third with just single digit support and the highest unfavorability ra pting in the republican field. >> it's a little bit sad. don't forget, he was supposed to win. and he just doesn't have the energy. >> reporter: bush trumps most frequent rget fighting back this week with more intens y than ever before painting trump as too liberal and
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slamming him in spanish as the brawl goetes bilingual. >> we're a nation that speaks english and while we're in this nation, we should be speaking english. >> reporter: today bush isn't blinking, promising to govern with open arms. >> today jeb bush finds himself in a fight for his political life, and the outcome of that brawl is going to be key to jeb bush's political future. >> reporter: and bush out on the campaign aytrail tonight is tweeting his own decoloration, of gop loyalty pointing out he's voted republican since 197 2, another jar.b at trump. the candidates pledging eventual unity but not there yet. persistent questions over hillary inton's e-mails will go unanswered by the former aide that set up the server and decided to take the fifth before congress as a long-time clinton advisor testified today. we get more from
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andr a mitchell. >> reporter: hillary clinton's state department chief of staff cheryl mills, a lawyer who has long been at clintonn eastside testifying behind closed doors to the benghazi investigating committee. >> of usually, the tragedy that happened in benghazi was about more than what's happening in this room. it's about the loss of dividuals who were dear to the state department and dear to this country, and we honor them by res membering what happened, and doing our best to ensure that doesn't happen again. >> reporter: but the former aide who set up clinton's private seesrver in her home won't be talking to congress or the fbi. responding to a subpoena he says he plans to invoke the pr ections of the constitution. in other words, his fifth amendment right. he worked f clinton in the first campaign and at the state department. clinton's campaign urging evening to cooperate today called
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his decision to take the fifth understandable and yet, also disappointing. clearly added fuel to the fire. >> you're free to claim whatever inference you want from the fact that he did. >> am i disappointed? yes. because i would have loved to have heard wh: faat he had to say. >> r orter: he might know why clinton set up a private server in the first place and what he did to secure from potential hackers. the political fallout of his taking the fifth immediate. >> any time somebody rking for you has to take the fifth amendment based on something you did is obably not good for you as a po alitician. >> reporter: in a coerence call today with reporters, clinton campaign chairman called the mail controversy head winds acknowledging there is a lot of noise that's made it more difficult to breakthrough he said. lester? >> andrea mitchell, thanks. we want the viewers to know andrea will have an exclusive interview with hillary clinton tomorrow that will air on "andrea mitchell reports" on msnbc and right here . for o many the picture of a child
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washed ashore in turkey is the fining image of the crisis ovelerseas. tonight, we hear from thriat boy's father, his wrenching loss echoing the thousands. we hav whe reports from bill neely in greece. >> reporter: he is heart broken. he's just seen the bodies of his two dr oown sons, the most beautiful children in the world he called them. aylan was three and fell from an overcrowded boat with his 5-year-old brother and mother. our boats left for greece he says but we were hit by waves. the boat flipped. i tried to catch my children but it was hopeless, then i took my wife and boys in my arms and realized they all dead. they fled war-torn area hoping to reach canada where the boy's aunt said their mother was scared of the sea
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and couldn't swim. [speaking foreign language] language]. >> they were going for a better life. >> reporter: today over the same sea, thousands more crossed to greece. tempers are fraying and no wonder it's a matter of life and death for these refugees. this small island is simply overwhelmed by more than 20,000 people. in the past week alone. >> reporter: but not all reached this island refuge. bill neely, nbc news, greece. this is richard engel in hungary. they wait at the train station desperate for their dyeams to come in, trains to germany and beyond. they include another father of a baby born here four days ago. >> translator: i'm afraid for my baby because conditions are so bad, so cold he said. this morning a train did pull in destined people thought for the
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border and it was mobbed, but some were suspicious skeptical because hungary has taken a hard line. it's official policy is to put all migrants into camps until their asylum claims can be processed. they b rded the train anyway but about 45 minutes later, the skeptics were right. the train stopped. riot police waiting. european passengers off loaded to another train. the refugees told they could go no further. >> we are not criminal. we have rights to cross this border. >> reporter: now there is a stand off. police surrounded the train and encouraging refugees to get off and be taken to camps but refugees are refusing believing they are lured into a trap. a man drags his wife and baby to the tracks. i won't move he screamed. they were dragged away. as night fell, some agreed to get off the train. several tried to run
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for it and were chased down. richard engel, nbc news, hungary. >> tough to watch. they will seek the death penalty for the man that killed so many in charleston in june. he faces federal hate crime charges. a not guilty plea was entered for him in july though he indicated he was ready to plead guilt at the time. still ahead on nbc ghtly news a medical device linked to more than two dozen deaths and the company inwider who says her signature was forged on paperwork submitted to the fda and news on if you have moderate to severe rheumatoid arthritis like me... and you're talking to a rheumatologist about a biologic, this is humira. this is humira helping to relieve my pain and protect my joints from further damage. this is humira helping me reach for more.
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we're back with more of the nbc news investigation about a medical device implanted in thousands of people l ked to more than two dozen deaths. tonight an exclusive interview with a fo company insider and even more questions, did the maker dismiss early warning signs of potentially fatal flaws and did the company forge a signature on a key document submitted to the fda? stephanie gosk report. >> there is anxiety every time i see a hospital. >> reporter: a head on collision left mother of two dotie near death. >> they tried to cut me out with the jaws
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of life twice and finally got me. >> reporter: she was again rushed to the e.r. as her heart filled up with blood. >> with every breath i swear to you i didn't know if i would take another. i said over and over it has to be the filter. >> reporter: after her accident doctors implanted a metal trap placed in the largest vooen vein in the body. her filter was made by c.r. bard, one of 11 companies that sells blood clot filters in the u.s. but instead of protecting her, it broke and pierced her heart. during emergency open heart surgery, doctors removed this one-inch piece of metal saving her life. gloria adams wasn't so lucky. healthy and out going, she was 55 years old when a brain aneurysm struck. her son kevin says she was recovering quickly. >> for having an aneurysm which someone
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can die from, she was doing remarkable. >> reporter: gloria was sent home with a clean bill of health but one week later, she was dead. an autopsy showed that instead of stopping a clot, a clot pushed the filter into her heart puncturing it. gloria adams' death was the second in a string of at least 27 fatalities associated with bard's recovery filter. dr. john says blood clot filters are a valuable surgical tool implanted in some 250,000 people each year, most without incident but he saw firsthand the damage done by bard's recovery filter when it dislodges or breaks apart. so that's the leg of the filter in his heart? >> yes. >> reporter: can you die from that? >> you can potentially die from that, yes. >> reporter: by 2002 the recovery filter was submitted for fda clearance but rejected. bard hired kay fuller, a veteran regulatory specialist to help try again. >> i was pretty concerned that there were going to be
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problems with the product. >> reporter: she grew concerned when the come pan company failed to give her test results, a small clinical human trial raised red flags. how did they respond to complaints or concerns? >> it was basically, if you continue to pursue these questions, that i was going to be asked to not be on the the team and i was shocked. >> reporter: fuller says she told her boss that she would not sign bard's fda application until her concerns were addressed. but yet, it was submitted anyway. why did you support it? >> i didn't, actually. >> reporter: well, but your signatures, your signature is on it. >> i did not sign this. >> reporter: that's not your signature? >> it's not signature. >> reporter: this is her real signature. >> it was forged? >> i'll tell you i did not sign it. >> reporter: this was done without your knowledge? >> correct. >> reporter: fuller resigned but not before she privately reported her safety
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concerns to the fda. >> i never knew what they did after that. >> reporter: the fda won't say. the agency denied our repeated request for an interview and in a statement it said the fda takes seriously complaints about forgeries and device safety issues. the fda did not specifically address fuller's allegations. bard declined an on camera interview with nbc news but said any suggest the company submitted forged documents to the fda is flatly untrue and stated all of the filters have been appropriately cleared by the fda based on required and accurate documentation. and now, gloria adams' son kevin says he wants others to avoid her fate. >> this is great opportunity for me to tell my mom's story and get the word out for her. >> reporter: what would you say to him? >> i'm so sorry. i'm so sorry that that happened to your mother. it failed catastrophically. his mother should have never died because of
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this product failing. shouldn't have happened. >> reporter: while bard stopped selling the recovery filter in 2005, more than 34,000 were sold and it was recalled. bard's own records estimate that as of 2006, there was still more than 20,000 people walking around with them implanted in their bodies. experts believe the longer a filter remains implanted, the greater risk it poses. if you have a filter implanted, health officials say you should check with your doctor to determine what brand of filter you have and whether it should be removed. lester? d be ready. cocktail bitters was huge. racing towards us. t need a loan. we needed short-term funding. fast. fill the orders. just like that. but you can be ready. another step on the journey. will you be ready when growth presents itself?
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find your walk near you at alz.org/walk. military officials are investigating a deadly accident at camp lagoon that killed a u.s. marine and injured 11 others when helicopter made a hard landing. two are hospitalize in stable condition. french prosecutors have conclusively
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identified wreckage that washed up on an island coming from missing malaysia airlines flight 370 that brings french investigators into full agreement with malaysia officials, prosecutors say a serial number on the wing part matches a number on the boeing 777. news that does not bode well for new college freshman or high schools they came from. a report shows the average sat score for the class of 2015 was the lowest since the test was overhauled a decade ago. 1490 out of a possible 2400, seven points lower than last year. up next, the answer to a question before i had the shooting, burning, pins-and-needles of diabetic nerve pain, these feet... ...served my country... ...carried the weight of a family... ...and walked a daughter down the aisle. but i couldn't bear my pdiabetic nerve pain any longer. so i talked to my doctor and he prescribed lyrica. nerve damage from diabetes causes diabetic nerve pain. lyrica is fda-approved to treat this pain. lyrica may cause serious nallergic reactions or suicidal thoughts or actions. tell your doctor right away if r you have these, new, or
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so hurry in to your local volkswagen dealer\ today. . before we leave you here on this very busy news night, so many of you have been moved by these heartbreaking images coming from overseas, especially of children fleeing the violence of war only to be turned away with nowhere to go. you may be wondering how you can help these families so we have compiled a list to donate to including a fund set up in the memory of little aylan. it's on our website, nbcnews.com. that's going to do it for us on this thursday night. i'm lester holt, for all of us at nbc news,
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thank you for watching and good night.
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. >> tom brady is suspension vacated. >> no four-game suspension. >> brady's deflate gate tossed as inflated rumors circulate about his marriage. we go in the trenches of the nfl network as the decision came down. >> she really a very good friend of mine. >> of course he is. donald talks brady and kanye. >> i will never say bad about him. >> last time at an awards show i was booed. >> cheers to tears. he explains his emotional reaction. what was justin doing skating down new york's 6th avenue. >> you got this! >> my goodness. kris meets caitlyn, but the pleasantries didn't last long. >> don't go there.
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>> bieber brings his knuckle heads. the air is taken out of tom brady's deflate gate. we begin with deflate gate. only we can take you behind the scenes of the network as the nine-month nightmare ends. >> tom brady is suspension vacated and major defeat for the national football league. >> no four-game suspension. >> breaking news. a big win for tom brady. a federal judge has thrown out tom brady's four-game suspension. >> this is a huge blow to commissioner roger goodell and a huge relief to patriots fans. >> the national media was all over the judge's ruling saying they did not have the authority to enforce the suspension. insisting all along he had nothing to do with deflating footballs in the playoff game. >> as part of the local news coverage, helicopters took to the air from the ariels of every angle of the gillette stadium.
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>> access to ede nfl network's nerve center where they are around the clock brady. >> it was organized chaos. we anticipated the decision by friday, but when it's go time and when it happens, everyone gets in position. i got in at 4:30 in the morning. people were ready to go. >> it was big news. we asked donald trump about it and it was classic trump. >> you came out and supported your friend, tom brady in the deflate gate controversy. would you fire goodell? >> he is a good friend of mine and he is so thrilled and so happy. tom brady, i think what they have done is terrible. he has been exonerated as i understand it, but i'm happy for tom. as far as the commissioner is concerned, they are having a rough year.

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