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tv   NBC Nightly News With Lester Holt  NBC  September 3, 2015 7:00pm-7:31pm EDT

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tonight, sent to jail a defiant kentucky clerk ordered locked behind bars for refusing to issue marriage licenses to same-sex couples. >> high drama as protest rage on both sides. brady beats the nfl, resounding victory as the star quarterback's deflategate suspension is overturned. he'll take the field, but his troubles could be far from over. a father's heartache, the surviving dad who lost his entire family. photos of his lifeless son and another desperate father, today his family clinging to hope on the tracks. and pressure points, hillary clinton's aide says he's taking the fifth rather than answer questions about her private e-mail server as donald trump vows
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to gop pressure and makes a big pledge. "nightly news" begins now. >> announcer: from nbc news world headquarters in new york, this is "nbc nightly news" with lester holt. good evening, today a federal judge drew a clear line to where religious freedom ends and the law of the land begins when he tossed a county clerk in jail for contempt of court for refusing to issue marriage licenses to same-sex couples. in june, the u.s. supreme court ruled same-sex marriage was legal, but that didn't sit well with those who believed such marriages violate god's law including kim davis who today stood her ground before the judge. our gabe gutierrez was in the courtroom. >> reporter: outside the packed federal courtroom. >> this represents satan. >> reporter: prayer. >> i believe christians at this point in time need to stand up for their faith and what they believe in. >> reporter: and protest. on the witness stand,
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rowen county clerk kim davis break down in tears saying she was a christian in 2011 after the death of her mother-in-law. his mercy touched me that night she said and davis again said she could not compilecomplyle with the court's order to issue marriage licenses to same-sex couples adding my conscience will not allow me. >> she cannot issue a license that conflicts with her christian values and believes. >> we are not issuing marriages licenses today. >> reporter: davis refused to issue licenses to any couples, gay or straight since the u.s. supreme court ruled earlier this summer that same-sex marriage was legal. >> why are you not -- >> go ahead and leave -- >> today? >> because i'm not. >> reporter: two federal courts ruled against her ordering her to do her job. the supreme court declined to block the orders. today federal judge dave bunning found davis in contempt and ordered her into federal custody. >> she'll stay in jail.
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she will not bend. she will not bow to nobody. that's just our believes and that's what people don't understand. >> reporter: social media lit up in response both in favor 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. now to today's stunning victory for tom brady beating the nfl in court. his suspension from the deflategate scandal overturned, but the league says that his fight is far from over. our national correspondent peter alexander reports. >> reporter: no last second wind by tom
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brady ever pleased patriots fans quite like this. >> i jumped out of bed happy. >> reporter: the reigning super bowl quarterback four-game suspension erased and overturned today by a new york federal court judge. >> this is a big party, tom is free. >> reporter: across new england vindication and online celebration. tweets from patriot nation including from rob gronkowski, this season to be a heck of another ride and jfk library and even this dunkin donuts weighing in. the deflategate saga began eight months ago with brady's alleged involvement in the conspiracy to under inflate footballs for the game against the indianapolis colts. brady kept a sense of humor. >> such an enjoyable off season. [ laughter ] >> reporter: in a 40-page opinion, judge richard berman wrote there were significant legal deficiencies and the league didn't treat him fairly including its failure to inform
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brady the alleged misconduct could lead to the stiff punishment he received. >> the judge vacated the suspension because the nfl violated the process, not because they found tom brady innocent of deflating footballs. >> reporter: the nfl has already filed an appeal with goodell saying the league must protect the integrity of the job. >> when roger goodell took the commissioner's job nine years ago, 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 patriots' 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 next week 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 who made some news of his own today by backing off the threat he's been making to the republican party that
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may have rivals breathing a sigh of relief but making supporters a bit uneasy. nbc's hallie jackson has more. >> reporter: the man behind the art of the deal made a spectacle of signing one today. >> here is your pledge. >> reporter: donald trump promising his loyalty to the gop, and ruling out a run as an independent if he doesn't win the nomination. >> i see no circumstances under which i would tear up that pledge. >> reporter: the document not legally binding but still symbolic embracing the main stream party and infuriating some of his supporters. >> he's going to sign his own death warrant so to speak if he does so. >> reporter: it's trump's position as party outside er that's propelled him to the top of the field hitting 30% in a new poll today. ben carson in second, jeb bush sliding to third with just single digit support and the highest unfavorability rating 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.
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>> reporter: bush trumps most frequent target fighting back this week with more intensity than ever before painting trump as too liberal and slamming him in spanish as the brawl goes bilingual. >> we're a nation that speaks english and i think while we're in this nation, we should be speaking english. >> reporter: promising to govern with open arms. >> 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 trail tonight is tweeting his own decoloration of gop loyalty pointing out he's voted republican since 1972, another jab at trump. lester, the candidates pledging eventual unity but not there yet. >> hallie jackson tonight, thank you. persistent questions over hillary clinton's e-mails will go unanswered by the
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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 andrea mitchell. >> reporter: hillary clinton's state department chief of staff cheryl mills, a lawyer who has long been at clinton's 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 individuals who were dear to the state department and dear to this country, and we honor them by remembering what happened, and doing our best to ensure that doesn't happen again. >> reporter: but the former aide who set up clinton's private server in her home won't be talking to congress or the fbi. responding to a subpoena he says he plans to invoke the protections of the constitution. in other words, his fifth amendment right
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against self-incrimination. he worked for clinton in the first campaign and at the state department. clinton's campaign urging evening tening toring cooperate today called 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 what he had to say. >> reporter: he might kn 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 working for you has to take the fifth amendment based on something you did is probably not good for you as a politician. >> reporter: in a conference call today with reporters, clinton campaign chairman called the e-mail controversy headwinds 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
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tomorrow that will air on "andrea mitchell reports" on msnbc and right here on "nbc nightly news". for so many the picture of a child washed ashore in turkey is the defining image of the crisis overseas. tonight, we hear from that boy's father, his wrenching loss echoing the thousands fleeing their homes. bill neely in greece. >> reporter: he is heartbroken. he's just seen the bodies of his two drowned sons, the most beautiful children in the world he called them. aylan kurdi 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.
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they fled war-torn area hoping to reach canada where the boy's aunt said their mother was scared of the sea and couldn't swim. >> 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 dreams to come in, trains to germany and beyond. they include another father of a baby born here four days ago.
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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 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 boarded 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 standoff. police surrounded the train and encouraging refugees to get off and be taken to camps but refugees are refusing believing they have been lured into a trap. a man drags his wife
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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 for it and were chased down. richard engel, nbc news, hungary. >> tough to watch. prosecutors will seek the death penalty for the man accused of murdering nine black periarishioners 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 nightly news a medical device linked to more than two dozen deaths and the company insider who says her signature was forged on paper submitted to the fda and news on the sats, the trend parents and students need to hear about.
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s humira. this is humira helping to relieve my pain and protect my joints from further damage. this is humira helping me reach for more. doctors have been prescribing humira for more than 10 years. humira works for many adults. it targets and helps to block a specific source of inflammation that contrubutes to ra symptoms. humira can lower your ability to fight infections, including tuberculosis. serious, sometimes fatal infections and cancers, including lymphoma, have happened, as have blood, liver and nervous system problems, serious allergic reactions, and new or worsening heart failure. before treatment, get tested for tb. tell your doctor if you've been to areas where certain fungal infections are common, and if you've had tb, hepatitis b, are prone to infections, or have flu-like symptoms or sores. don't start humira if you have an infection. talk to your doctor and visit humira.com this is humira at work.
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we're back with more of the we're back with more of the nbc news investigation about a medical device implanted in thousands of people linked to more than two dozen deaths. tonight an exclusive interview with a former 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? reports. >> there is anxiety every time i see a hospital.
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>> reporter: a head-on 70 mile an hour collision left mother of two dottie near death. >> they tried to cut me out with the jaws 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 kept saying it over and over it has to be the filter. >> reporter: after her accident doctors implanted a metal trap placed in the largest vein in the body to block clots from reaching the heart and lungs where they could be fatal. dottie's felter 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. >> she's always
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smiling. >> yeah. >> reporter: 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 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 had been submitted for
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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 problems with the product. >> reporter: fuller says she grew concerned when the 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? >> that is not signature. >> reporter: this is her real signature. >> it was forged? >> i'll tell you i did
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not sign it. >> reporter: this was done without your knowledge? >> that's correct. >> reporter: fuller resigned but not before she privately reported her safety 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 suggesting 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.
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i'm so sorry that that happened to your mother. it failed catastrophically. his mother should have never died because of 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 never officially 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? >> stephanie, thank you. we're back with more news after this. 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.
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for the 5 million americans living with alzheimer's, and millions more who feel its effects. let's walk together to make an even bigger impact and end alzheimer's for good. 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
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hard landing with much more force than normal. two are hospitalize in stable condition. french prosecutors have conclusively 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 out today 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 so many of you may be wondering about. 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 diabetic nerve pain any longer.
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talk about turbocharging my engine. you're gorgeous. what kind of car do you like? new, or many miles on it? the volkswagen model year end sales event ends on labor day. 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 kurdi.
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it's all 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, thank you for watching and good night. i'm lester hol all of us at nbc news, thank you for watching and good night.
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>> as the sun sets on the preseason, the coach has cleared up the starting quarterback position. the starters have got their preseason reps. the fight to 53 is on. special plays in the return game. determination and attention to detail. and the extra effort to make a lasting impression. the redskins wrap up the preseason and look ahead to 2015.

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