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tv   MSNBC Live With Thomas Roberts  MSNBC  August 19, 2015 10:00am-12:01pm PDT

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employees around the world that are probably equally appalled right now, okay. so the question of what that franchisee said or didn't say to subway people is not something that's been part of our charging package here. fogle doesn't -- when we met with him, he said nobody tipped me that there was anything serious going on here that caused me to quit my behavior. so we don't think that process, as that witness may or may not have described it, successfully worked in terms of preventing fogle from doing anything or encouraging him to do anything. so right now obviously we still investigate all of those questions, but there are no charges or allegations right now that anybody at subway knew he was doing all of these things and decided to let him do that for some crazy reason. okay? >> okay, folks. thank you very much. u.s. attorneys there along with federal law enforcement speaking in indianapolis about jared fogle, the former spokesperson for the subway sandwich chain who has pled guilty to possessing child pornography and traveling to pay
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for sex with minors. this is msnbc live continuing our breaking coverage of this story. good to be with you. i'm frances rivera in for thomas roberts and we have been watching breaking news coverage here on msnbc the past half hour. stunning revelations coming out of federal court there. jared fogle, the former spokesman for the sandwich chain subway, again, agreeing to plead guilty today to possessing and distributing child pornography and traveling to the city of new york to pay for sex with minors. court documents reveal these allegations involving at least 14 minors and fogle is accused of engaging in sexual acts with at least one of them. in that stunning news conference that just wrapped up, federal prosecutors say fogle used his affluence to prey on children. >> today jared fogle has been charged and has admitted to participating in a five-year criminal scheme to exploit children. this is about using wealth,
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status and secrecy to illegally exploit children. >> and fogle's attorney says his client will work to make things right with his victim. >> he knows restitution can't undo the damage that he's done, but he will do all in his power to try to make it right. jared also knows that he has a medical problem. he has already sought evaluation by a world class psychiatrist experienced in these matters, and he will seek appropriate treatment. jared fogle expects to go to prison. he will do his time. he expects to get well. he expects to continue to make amends to those people whose lives he has affected. >> nbc's kevin tibbles is covering this story for us outside the federal courthouse there in indianapolis. kevin, a lot to cover, but let's start with the details of this plea deal. >> reporter: well, first off,
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frances, i should say that we were expecting jared to make some form of statement when he left the court house. he did not do so, surrounded by media. his lawyer did come out and did speak to the press as we've just heard. but in terms of the plea deal itself, jared fogle, former spokesperson for the subway restaurant chain, faces between five and 12 years in prison for his involvement with this child pornography situation that he did the plea deal for. his sentencing date is unknown at this time. i believe the judge is going to be reviewing the case. as we just heard from the district attorney's people, they do not sound like they are going to be lenient in any way, shape or form when it comes to mr. fogle's sentencing. but again, a plea deal was reached. mr. fogle did leave the court house. he did not say any words. he was dressed in a very sober, somber black suit. he went down and got into a car that was driven by a driver. there were several security
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people around him and he left the scene. we are also told that he will be wearing some form of gps tracking device so that he is -- so that the law enforcement officials are aware of his whereabouts at all times. as we just heard before the top of the hour, the prosecutor's office says that it is not concerned with him fleeing prior to being sentenced and even went so far as to say that should he flee, they would find him, bring him back and further try him, frances. >> kevin, a lot of stunning details coming out of this hearing with the court documents revealing the allegations of what fogle did and what he's pleading guilty for. specifically not just owning the child pornography or having possession, but also traveling from indiana to new york city to have sex with a then minor at the fancy ritz carlton hotel. also the u.s. attorney saying at
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some point some of that travel was even for business travel, whether that was for subway or for his foundation. >> reporter: that is correct. the district attorney's office said that while none of mr. fogle's charity work was involved with the crimes that he has been convicted of or that he's pled guilty to, he may have worked some of those situations into the business travel that he was doing at the time, trips to new york or what have you. you know what is also sort of staggering about all of this, frances, is the volume that the district attorney's office has said that they turned up. >> thousands, right. >> reporter: thousands of videos and things, yes. >> when he enumerated that, you couldn't even keep track when it comes to the electronics that were found in the home of russell taylor, who was the executive director of the jared foundation. also when they searched jared
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fogle's home itself. you couldn't even keep up with the electronics, the memory cards, the videotapes, the e-mails, the texts and everything that contained this child pornography. >> reporter: well, what they are saying essentially is that in today's world with so many chips and so many cell phones and so many devices out there, it's becoming increasingly difficult for law enforcement to actually get through all of this information and get to the bottom of what is going on. they say that they certainly managed to do that in this case, but again, they said that it is getting increasingly difficult. that they were fortunate to have the resources of all the law enforcement here in indiana to do it. but again we're talking thousands. and of course we're talking hidden cameras in certain residences, cell phones, chips, small cameras, computers, all of this stuff was seized from his home and also the home of his former employee, the man that ran the charity for him. so this goes back five years.
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it's obviously a real intensive and extensive investigation that's gone on here. >> and bringing us to this date now with this guilty plea. also some of these federal documents allege that fogle and the minor victim, number 13, as they are known, agreed to meet through texts and online messages and fogle asked her to provide him with access to other underage minors for purposes of commercial sexual activity. we also know there were other witnesses from other states. florida, georgia and washington state that told investigators that fogle contacted them to have sex with minors as young as 14 and 15. so again, stunning allegation after another. even involving in some cases in the case of russell taylor, which led up to this, some pornographic material involving children as young as 6 years old. >> reporter: well, of course. and what the district attorney's office said is that many of
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those who are now considered victims were completely unaware at the time of what was going on when it came to the hidden photography, hidden videos, hidden cameras and the like that were stationed in people's homes. people are perhaps just now finding out that they or their child had been a part of all of this because a lot of it was done in secret. and that is, again, something that the authorities here after going through these thousands of tapes and cell phones and things, they have also had to now undertake the job of letting people know that this may have happened to you or this did happen to you at that time when you were at the home. >> all right. nbc's kevin tibbles, stand by here and i want to bring in a criminal defense and civil rights attorney and former prosecutor. she's involved in this case and she's also the host of "the docket on shift" by msnbc.
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always good to have you here with some perspective, especially when we break down this plea deal. you say the defense is asking for five years. the prosecution is asking for 12. >> well, just to be clear, so the defense is saying we won't ask for less than five years because usually, right, we would say, hey, let him go, let him have probation and get off scot-free, but the defense has agreed not to ask for less than five and the prosecution has agreed not to ask for more than twelve. what's interesting about these federal sentencing guidelines, which really you need a ph.d. just to understand is that the judge can listen to the recommendations or not listen to the recommendations. follow the sentencing guidelines or not. and each count, frances, one count has a max of 20 years and another has a max of 30 years. >> also talk about that. that's when it comes to time in prison, but there's also the $100,000 that he's required to pay for each victim. >> yes. so he has to pay the
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restitution. that's also part of the plea deal. i think the total of that reported was $1.4 million. >> that's right, for $100,000 for each one. >> right. and not only that, frances, he has to register as a sex offender. so when he gets out, he registers as a sex offender under the federal registry, which is much more onerous sometimes than a state registry. additionally he's going to be on supervised row lease for minimum of five years, maximum of his life, which is parole. >> so in essence when you think of that, overall compared to if he didn't plead, is he getting off easy? would you call it that? >> with the feds, you have to plea. either you plea or you snitch, you don't go to trial. think about it, you were just reporting, the voluminous list of electronic evidence that was procured in this case. he did not have a chance. he could not go to trial, absolutely not, unless there was some type of mental insanity type of defense. but he just -- he was caught red
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handed. it's over. so he had to plea. and i think part of what got him to the plea deal, frances, was that he must have spoken to prosecutors and he was honest and forthcoming and knew that this was over. >> now, how far will this go? we know when it comes to russell taylor, you know, he's in jail now. >> which is interesting because he hasn't been indicted yet. >> why the slowdown there? >> i think it's because they're working out a deal with him and perhaps he snitched on jared. that's what i think. it's very interesting because i know in the press conference they said that he's in jail. there has been a criminal complaint filed but he has not been indicted yet. >> do you think this is the largest that this will get or is this the tip of the iceberg? >> great question, because the plea agreement specifically says we are only addressing what we know and we cannot make agreements with you on new crimes and new evidence. so that's a great question because what if we find out -- >> sure. >> -- there are 30 other
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victims. he's got a whole new case. this does not cover it. >> and that's the big question. are there 30 other jared fogles out there. it just so happens that this one was the face of subway restaurants. >> right. >> so it remains to be seen. seema, thank you as always. we'll be checking back with you a little later on for more perspective. democratic front runner hillary clinton plays defense. that's the topic of our bing pulse question today. we're asking you is clinton's campaign permanently damaged by the e-mail controversy? the pulse is live right now. plus emotional new testimony in the rape case against a graduate from one of the nation's most prestigious prep schools. we're live outside that courthouse in new hampshire. okit two airplane fuel gauges. can you spot the difference? no? you can't see that? alright, let's take a look. the one on the right just used 1% less fuel than the one on the left. now, to an airline, a 1% difference could save enough fuel to power hundreds of flights around the world. hey, look at that. pyramids.
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hampshire. tonight both men have events in the first primary state where they will be only about three miles apart from each other, according to nbc news' first read. bush was already in the state, one of many candidates taking part in an education forum today. while he defended his position supporting common core education standards, trump has spent the last few days defending an even more controversial decision, support for ending birth right citizenship. >> bill, i think you're wrong about the 14th amendment and frankly the whole thing with anchor babies and the concept of anchor babies i don't think you're right about that. >> i can quote it. do you want me to quote you the amendment? if you're born here, you're an american. period. period! >> but there are many lawyers, many lawyers are saying that's not the way it is in terms of this. >> here with me now is republican strategist and former top advisor to donald trump, roger stone. roger, as always, good to have you here with us as we get started with donald trump here. let me quote for everybody on this topic of birth right the
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14th amendment says all persons porn or naturalized in the united states and subject to the jurisdiction thereof are citizens of the united states and of the state wherein they reside. law of the land, the constitution of the united states. >> yes. >> so how does trump expect to take that on? >> well, he has taken it on. first of all, he has a multi-pronged proef eed proposa. this is the ticking time bomb. we cannot keep taking illegals and making them legal and have to pay for the social services for them. trump has got the courage and the boldness to say stop, enough, no. now, in the end if the courts overruled him he still benefits politically from laying out a tough position that he believes in. there is a streak in the republican party, one of the reasons why trump is being propelled is the popularity of this position in iowa, in new hampshire, in south carolina. >> but it's the law. how will he change that law? >> well, first of all, if two illegals enter the country for
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the purposes of making sure that their offspring can get on our welfare system, can get on our social services net, get into our education system, there ought to be a law against that. this is a matter for the courts. but in the symbolism of this issue where all the other candidates with the exception of bush who is pro-amnesty in truth, like scott walker for example saying trump is right, trump is absolutely right, it tells you where the politics of this is. >> just for clarification, undocumented immigrants is the wording we use here on msnbc. i want to play for you more of the interview specifically what trump says about undocumented workers fueling a u.s. crime wave and then read what a columnist has to say about in supposed crime wave. first take a listen. >> and you know about the crime wave because i think probably nobody has covered the crime wave better than you. there is a literal crime wave going on. >> okay, he calls it a literal crime wave. so here's what ruth writes
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quoting a recent academic study. cites within the largest increase in immigration between 1990 and 2000 experienced the largest decrease in homicide and robbery during that same time. he's calling it a crime wave but the numbers so otherwise. >> first of all, everybody acknowledges that the crimes are in the thousands. i call that a crime wave. i don't think elites understand that if one american is murdered by one person who is here illegally, that's one murder too much. now you have thousands of those. this woman in san francisco, the man who killed her was here illegally. was deported and came back five times. we wouldn't even be talking about doing away with sanctuary cities if donald trump hadn't elevated this issue in the public consciousness. >> well, when you talk about it that way in that perspective, isn't that putting the party in jeopardy in essence. this is donald trump, the forerunner, the front runner here for the gop. >> yeah, i reject that view. first of all, you need to get
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nominated before you can run in the general election and believe that election is going to turn on any one issue. remember we have hillary's e-mails as an issue, we have other issues such as the economy, jobs, trade, china. i don't subscribe to the view that this is necessary. now, there are some voters who will disagree with trump's views. but if he's the man who can best get those very same voters who are out of work a job, i think all this gets transcended. trump will do well among hispanic voters. why? because he will be the opportunity candidate. hispanics are very hard-working people. >> that's exactly what he says. i've hired many, they love me, i love him. but at the same time this is a crucial hispanic latin vote there that is so needed. is this his way of being able to get that in the broad sense? >> first of all, you have to get nominated and there is a great constituency for trump's position within the republican party and i think that's being reflected in the polls.
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secondarily, let all these other issues fold out. this election will not be settled on immigration. it will be one of several very important issues. but trump's economic appeal and his ability to challenge the system because he doesn't need lobbyist money and special interest money, i think those two issues and the voters' sourness and unhappiness with politicians transcend to all of us. >> you surprised yourself how well he's doing. >> it's trumpnado. this is the most incredible grassroots uprising i've seen. trump's right, it's a movement. trump is bigger now than the republican party in all honesty. >> all right. former donald trump advisor, roger stone. good to see you. nice to have you with us here. >> good to be here. up next, first the u.s. army announced this week's graduation of its first female rangers and now the u.s. navy may be ready to break down its own barriers for the most intrepid women. those details when we come back. g great burgers, or building the best houses in town.
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i think when you get to the point where you're answering questions about wiping servers, that you're nearing the end of legitimate questions for her to answer. >> that was hillary clinton campaign manager jen palmieri speaking with nbc's luke russert. the question and response comes a day after clinton got combative with reporters over the e-mail server controversy plaguing her campaign. clinton tussled with reporters over aspects of this story. for instance, hear when she was asked about whether she wiped the server itself. >> i'm not -- you know, i don't -- i have no idea. that's why we turned it over. >> you were in charge of it. you were the official in charge. did you wipe the server? >> what, like with a cloth? >> i don't know. >> i don't know how it works digitally at all. >> thank you very much. >> is there any indication that this issue isn't going away for the remainder of your campaign? >> nobody has talked to me about it other than you guys. >> clinton also said that she, quote, had not sent classified
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material nor received anything marked classified. two sources familiar with the investigation into her private server tell nbc news that analysts are optimistic they can recover some of the data wiped clean. earlier this week court documents indicated the intelligence community has flagged more than 300 e-mails to determine whether they contain classified information. two other e-mails already have been cited as possibly containing top secret information. the state department, however, has said it is uncertain whether this information was labeled as such when the e-mails were sent and received. nbc news political editor carrie dann joins me. this is the second time clinton has made a joke about the e-mail controversy. take a listen to what democratic strategist james carville said just last hour. >> doesn't amount to a hill of beans just like all of the other stuff i've been through. it doesn't amount to a hill of bean. it's just a bunch of people talking to each oerther, spinni
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themselves up over a pile of garbage. >> whether it's a hill of beans or whatever, is this starting to wear on the campaign? >> frances, it's very clear from hillary clinton's demeanor during that press conference yesterday she would have been rather answering questions about something else. she was very combative with reporters and insisted in the answer to several questions that she -- as she has insisted throughout this controversy that she did nothing wrong, that any implication that she sent or received classified e-mails on this private server are merely due to a bureaucratic dispute between the state department and the intelligence community. she maintains that she did nothing wrong. but when it comes to what voters are saying about this, new polling out does really show where the numbers and what kind of dip she has taken since march when we first started talking about this controversy. back in march she had a favorability rating of about 53% with the american people. now that's flipped. her unfavorability rating is 53% and 44% of voters say they have a positive impression of her.
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clearly a dip she has taken since this controversy broke. >> do you think it's hurting her even more when she throws her hands up in the air when kristen welker asks and she responds back nobody is asking me about this except for you guys, referring to the press, and when she makes light of it with her jokes. is that the way that you should go about it, especially knowing those numbers? >> it's certainly nothing new for the clintons to address controversy by blaming it both on partisan reasons and targeting the media, saying this is not something regular voters are asking about. this is nothing new at all. i think what may be new and what may have democratic insiders worried about is exactly what we were referencing, her tone appearing perhaps flippant and like she's not taking this controversy as seriously as some of these democratic donors who are very interested in seeing her in the white house after next november would like her to take this. >> all right, thanks, carrie dann. we're asking our viewers to weigh in on whether they think the controversy has permanently
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damaged hillary clinton's campaign. carrie dann, as always, thank you very much. now, in another milestone for the pentagon, a navy admiral says that for the first time women will be able to become navy s.e.a.l.s. the elite group is considered the military's most selective and physically demanding unit. it comes on the heels of the announcement that two female soldiers will graduate from the army rangers on friday. the washington post has named them at captain kristen grist and also lieutenant shea haver, an apache helicopter pilot from texas. their families say they are just like all the soldiers in class 8-15, happy, relieved and ready for some good food and sleep. like everyone who will pin the tab on friday, they are exceptional soldiers and strong teammates. joining me now from honolulu is congresswoman tul see gabbard. she has served two tours in iraq and serves as a captain in the
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national guard's 29th brigade combat team. with all you do and your service, thank you for being with us and that service, congresswoman. as we talk about this, first get your reaction to the news that two female rangers will be graduating this week. i think there are about 95 with the class when it started, 20 women and now the two who have finished. a long time coming, i can imagine. >> aloha, frances. yes, it is a long time coming. i'm so proud and so excited for both of these women. really they're making history. you know, this change is something that should have come about long before, but i think that myself as a female soldier and so many of my friends and others all across the country were quietly cheering them on as they were going through this training, this ranger school that's really one of the most rigorous and most tough schools that the army has to offer. so we're so proud. >> we're seeing the video of just some of that training, but we're also talking about intense stimulated combat patrols,
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exhaustive hikes as well as sleepless night. as someone who has served two tours in iraq, are there challenges for women in front-line combat that men may not have faced? >> well, look, there are challenges for everyone, but this is something that our professional service members train for. we've got to remember that these are not -- these are people who have chosen this profession who are highly trained. and if called to deploy into a combat setting are ready to go and perform and complete the mission, regardless of whether they are men or w ?ñ what we're seeing now here is hopefully the department of defense continues to make progress and move forward towards opening all these job opportunities to women so that the policy catches up to the brave actions that women have been conducting in combat really for quite some time. there was a woman in 2005, sergeant lee ann hester, she was in the kentucky army national guard. she was awarded the silver star
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for valor in close quarters combat for her actions and leadership during an enemy ambush. that was ten years ago. so this kind of thing boggles my mindi mind when people talk about still having issues and problems with women so-called serving in combat. it's been happening for quite some time already. >> hopefully this will be a pivotal moment changing that even more. tulsi gabbard, thank you so much, good to see you. >> thanks, frances. up next, the alleged victim in an elite prep school rape trial takes the stand, telling the school's senior tradition a sick game. we're live outside the court house with the latest. and poetic justice or privacy breach? the hacking of a website has all kinds of controversy. we'll have details when we come back.
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this trial yesterday, dramatic new testimony today from the alleged victim at the center of a rape case rocking an elite prep school. harrowing details as she described the alleged assault at st. paul school in new hampshire saying, quote, i didn't want any of this. i was so confused. i didn't know what else i could do. i had already said no and already moved his face physically. i didn't know what else he could understand from that. this is a former student who the victim alleges raped her on campus. he has pleaded not guilty to all charges and this morning the family of the alleged victim held a press conference. >> the family and i stand behind my niece in speaking out as so few victims of sexual violence do. the family asks that members of the media remember that this is a case brought by the state of new hampshire. it is our wish at this time that my niece's courage be honored with respect for her privacy by the media and others. >> nbc's gate gutierrez is
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covering the case in concord, new hampshire. gabe, tell us more about what happened in court today. >> reporter: hi, frances, good afternoon. well, testimony from that alleged victim is set to begin later this afternoon after a lunch break and it has been a disturbing day so far for that alleged victim as well as her family in court. she's been describing in detail the encounter where she says then 18-year-old owewomen lebrie sexually assaulted her on the campus of st. paul, one of the country's most elite boarding schools. now, she says that she initially declined the invitation to meet up but reconsidered when she talked to a friend of hers who vouched for him. even when she agreed to meet up with him, she says and she testified in court this morning that she thought it would involve just kissing and nothing more. instead she says it went much further. now, prosecutors say this was all part of a tradition called the senior salute where older students, seniors, sought to have intimate encounters with younger students before
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graduation. now, he has pleaded not guilty to multiple charges of sexual assault telling police that he did not have intercourse with the girl and that the encounter was consensual. his attorney says romantic messages between the two prior to them meeting up suggest that she was willing. for its part st. paul's released a statement that current allegations about our culture are not emblem act of our school. owen lebrie is set to testify later in this trial according to his attorney. >> gabe gutierrez, thanks for the update. we're back with seema, our criminal defense attorney and former prosecutor. she's also host of "the docket on shift" on msnbc. seema, nice to have you back. we are not naming the alleged victim, certainly not showing her and obscuring her voice here. given that, here's more of what she had to say in court yesterday about the so-called senior salute at the center of this case. >> what kind of time would someone expect to spend with
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someone if they received a senior salute? >> sometimes i thought it was -- it could go from showing them a cool place on campus or taking them someplace to trying to have sex with them. >> all right. so if this is part of a tradition that stems back for years, how does the school's alleged sexual culture factor into this case? >> it corroborates e victim's statement, frances, because we have heard narrative of what happened and it fits into this senior salute contest, whether it existed. and it gives a ring of truth to what she's saying, that there was this invitation, she declined, then she reconsidered, it went back and forth. it also corroborates the defendant's actions that in fact there was some point that he said they take great pride in having sex with girls who are younger. so again, you have the contest that exists. you have the history. and then you have the facts at this time and you put them together and it shows there is some culpability on his part.
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>> all right. a lot to consider, especially counselors also acknowledging the senior salute in court documents. we'll see how that factors in as well. criminal defense attorney, seema iyer, thank you. be sure to catch her tuesday's at 11:00 a.m. eastern. big developing news in the tech world today. have the identities of millions of marital cheaters been exposed? hackers have apparently followed through with a threat to release huge amounts of user data stolen from the cheating website ashley madison.com. the hacking group called the impact team made the threat last month if the site didn't shut down. sam biddle is a senior writer at gawker. sam, you made an account on the site when you were covering online dating. the daily beast is reporting that 10,000 official e-mails are on the list. how real is this and what kind of data are we talking about? like full-on names and addresses?
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what else? >> it varies. the data does seem to be completely real at this point. that's the consensus in the security research world. it varies from just made up user names that could be nonsense to street addresses, height, weight, smoking preference, age, home phone number and even some credit card transaction history. >> talk a little bit about the motive here. why? >> the motive like -- well, look, i'll contrast it with the historical hack of sony last year which seemed to have possibly some political or corporate espionage type motivation. this seems purely to make a splash. i mean they call themselves impact team and that's exactly what they wanted. they tried to sort of justify it in a moral way, saying that they wouldn't shut down the site if they shut it down itself. you know, they think that this is justice for cheaters and people who are trying to cheat. >> well, we are hearing from the company that owns the website. they released this statement saying, quote, this event is not
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an act of hacktivism. it is an act of criminality. it is an illegal action gaens the individual members of ashleymadison.com as well as any free thinking people who choose to engage in fully lawful online activities. coming up i'll talk to the former staffer for two michigan lawmakers who allegedly try to cover up on on the job fair with an even more salacious explanation. these friends were on a trip when their windshield got chipped. so they scheduled at safelite.com... they didn't have to change their plans, or worry about a thing. and i fixed it right away... ...with a strong repair they can trust. plus, with most insurance a safelite repair is no cost to you. really?! being there whenever you need us... that's another safelite advantage. safelite repair, safelite replace.
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a michigan lawmaker under fire for an extramarital relationship with a fellow legislator is breaking his silence for the first time since the scandal broke. state representatives todd coarser and cindy gamren were both back at work at the state capitol tuesday. they have apologized but have said they will not resign. >> are you here to stay? >> i many a. obviously we'll take that day by day as i walk that out obviously with my wife, praying about that and being concerned about it. when you're going through
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personal crisis and difficulties in a family, you need to retrench, spend time with your family and have those discussions and we're walking through that. >> he tried to cover up the affair saying that the female had sex with a prostitute. it was written by people trying to exexpos him and blackmail him to leave office. they were investigating whether they used their combined staff to conceal their affair. both of you, thanks for being with us. i want to hear from you first, mr. kline. you had a news conference earlier this week where you revealed the intimate details about this affair, revealing hugs that lasted too long, naps in the office, one would tuck the other one in, give a blanket or a pillow. what can you tell us about how this impacted their ability to do their job and also your ability to do yours?
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>> thank you for having me, frances. it's nice to be here, first off. it was a big effect on the office. as i've stated numerous times, it affected time management. when they're not in the office or distracted or on their phone all the time or disappearing for hours at a time, it really affected the efficiency of the office. it affected when we could get responses to things, it affected pretty much everything from almost day one until the day i left. >> i'm sure you felt the tension there and the awkward moments. i have to ask you, when they were doing all of these things, were they being discreet at all or did they know you were right there and just went about their business in that kind of behavior? >> i think from their vantage point is they didn't think that we could catch the cues. it was mostly body language stuff. it was small cues. if you were to go in the office on any given day, you would see todd was probably just looking like a gentleman. but if you were there on a day in and day out basis, you knew
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something was wrong. it was very suspect. that's why i approached them in january about setting professional and personal boundaries. >> i want to ask you, kevin defended them saying there was nothing he could do because there was no evidence of this affair. do you buy that? >> well, the facts still aren't really in here yet, so i can't really comment on any potential moves going forward. >> okay. i want to ask you, mr. kline, when it comes to what your former boss had to say about these allegations, let's play that and listen. >> i am not proud of my personal conduct. in regards to my position as state representative of the 80th district, i believe that an open and honest investigation will vicinity kate me. >> talk a little bit about the pressure you felt. of course you want to do your job correctly, but you see this happening on this side. what was the worst case scenario
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for you? >> well, the worst case scenario for me, you know, i think i'm kind of like quitting and not having a job is a pretty bad worst case scenario. i was hoping that we would move some legislation forward that we all believed in. some of that we all agreed on and others were just what they wanted to do. but it obviously affected their ability to work and build a coalition with other legislators and obviously not being able to do the job effectively and eventually just had nothing -- no other choice, i think, for my own safety and for health reasons to leave. >> i know you had said in the past that it was more important for you to hold your principle over keeping your paycheck. how difficult was that to think that this is what your goals are, this is what you want to do to push legislation, but you can't do that because this has become such a distraction? >> yeah, it was a complete distraction. i mean my poor wife at home, she would come home from work, you know, a lot of times they're late and that's par for the
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course of the staff job in a house or even in d.c. you come home at night and you're just frustrated and you can't sleep. you're taking things out. you're frustrated and slam something slam something down on the counter. >> all right. to both of you, we thank you for your time. bringing some of this to light. moves forward. we appreciate it. >> thank you. >> we should also note we did invite both representatives to join us here and we did not hear back from them. more strong storms expected in the midwest after the amazing video captured last night. it's chicago's famed wrigley field but hard to tell through all that rain pouring on to the baseball diamond. it caused a reported 2:17 rain delay. and we're also tracking tropical storm danny brewing over the atlantic and could be a hurricane. it's expected to hit virgin islands by monday and cuba by wednesday. meteorologists can't rule out
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missouri's legislature's under fire from for proposed dress codes. this in the wake of two separate scandals involving missouri lawmakers who resigned after accusations of sexual harawhahat and language used with interns. senator mccaskill she equated the dress code idea to victim blaming and asked this in a letter to representatives. quote, is your recommendation meant to suggest if an intern wears suggestive clothing she or he will share partial responsibility for any potential sexual harassment or assault? all right, if you're getting your child ready for school, a new report about lice could give you some chills.
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report from southern illinois university found almost 100% of the lice population studied resistant to over the counter treatments in more than 20 states and may influence how doctors at schools treat kids with lice. joining me is a doctor from louisiana state university. always good of you to join us here. my daughter is starting school in a few weeks. oh no! is that going to change the way i'm going to have to go about it if somebody in the school gets lice? should parents be concerned? >> just when you thought it was safe to go back in the water, right? here's the deal. in 25 states we have super lice that are genetically mutated so the over the counter medicines you've been using won't work. let's be very clear. there's, you know, a lot of other medicines work, especially ones provided at the doctor's office. so i don't want anybody to think we don't have anything to treat
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them. we have to go to the doctor and get treatment so i don't want everybody to freak out. lice don't carry disease. they're an itching, irritating thing. they don't carry disease and if your child has lice they can go to school because they don't jump. they have to have intimate contact from sharing any hats or any type of -- >> go ahead and kids can just continue going to school without being treated or while they're being treated? >> they need to be treated but they can go to school. american academy of pediatrics came out with the new guidelines. >> as far as breaking down the survey, 50 to 90% of the tested lice resistant in four states including new york and new jersey and other states data isn't analyzed. how will they find information? >> professor that did the research is looking at several different states and lucky living in michigan, only place they don't have the super lice. good luck u of m. >> a lot of it is really seeing
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a pediatrician, doctors. this is something that's hitting the family to go about and especially with the over the counter treatments and treating the lice. doctor, as always, good to hear your perspective and break it down. won't have too many eebie jeebies. thank you. jared fogle pleading guilty to processing and distributing child pornography. the donald at the top of the ranks. a republican candidates and closing the gap with hillary clinton. we'll have the latest. first ingredient? corn? wheat? in new purina one true instinct grain free, real chicken is always #1. no corn, wheat or soy. support your active dog's whole body health with purina one. ♪
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officials just detailing the allegations against him. we'll go live to the courthouse in indiana. also ahead, striking distance. the donald closes in on hillary clinton in a new head to head matchup. are independents taking trump seriously? news conference heard around the political world. hillary clinton pushing back on new questions about that private server. >> i did not send classified material. >> my goodness. that was an awkward press conference. >> what i did was legally permitted. >> it's stupid and dangerous. i don't even think it was legal. that has to be against policy. >> in retrospect, what was supposed to be convenient has been anything but convenient. it's good to be with you. breaking news at this hour, long-time subway pitch man jared fogle appellegreed to guilty of distributing and possessing child pornography. the charges were detailed a short time ago. >> jared fogle has been charged
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and has admitted to participating in a five-year criminal scheme to exploit children. beginning in 2011, fogle learned that the head of the jared foundation russell taylor was sexually exploiting a 14-year-old girl. at that time, fogle chose to receive and repeatedly view child pornography involving that 14-year-old girl. this continued during a four-year period and fogle's actions resulted in the sexual victimization of 12 minors in the state of indiana. today fogle admitted that he repeatedly traveled from new york -- from indiana to new york to engage in commercial sex acts with victims he knew to be children. this conduct began as early as 2010. >> the attorney told reporters that the client takes full
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responsibility for the actions. will seek treatment and pay out a $1.4 million in restitution to the victims. >> he knows restitution can't undo the damage he's done but he'll do all in his power to try to make it right. jared fogle expects to go to prison. he will do his time. he expects to get well. he expects to continue to make amends to those people whose lives he has affected. family and non-family members. and he at some point hopes to become once again a productive member of society. >> joining me from the federal courthouse is nbc news correspondent kevin tibbles. here in studio with me, legal analyst karen desoto not involved in the case an we start with you, kevin, with a break down of details of the allegations against fogle and the 14 victims in this case. >> reporter: well, i think i heard you. there's a lot of noise outside
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the courthouse but what i can tell you is jared pledged to reimburse $1.4 million, about $100,000 per victim with regards to this case. he came out of the courtroom this afternoon. he did not speak to the media outside as had been -- we had been told he would be releasing a statement. instead, his lawyer talked. fogle simply in a dark suit got into a car with a driver and left the scene. inside the courtroom, he told the judge that he understood the charges that were against him, he accepted the agreement and that what he's basically going to happen now is obviously there's sentencing. that date has not been set as of yet but as is already mentioned he could face from five to as much as 12 years and the prosecution in the case also says that it could even go further than that. >> all right. stand by with me as we try to improve your audio there, kevin. i want to bring in now karen
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who's with me here. karen desoto, as we talk about this, i understand the defense asking no more than five years in prison. >> right. >> break that down for me. >> well, he has already pled. he's pled to two counts. with e no e that there's probably a whole host of other charges that could have been thrown in there but there was not. so the prosecutor and the defense have negotiated an agreement and that agreement is to do no less than five years. however, the judge can take it upon himself to go even higher, 12 years or per count, however he wants to do it. of course, frances, when you do get to this point, you get to this point, usually the judges listen to the prosecutor and take their recommendation in my career i've only had a handful of times the judge says i won't go with the prosecutor's recommendation and give you more. >> when the u.s. attorney held the press conference and set out the evidence, it was astounding to hear what they gathered over the investigation. look at mountain of evidence
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poured through from fogle and russell taylor, the director of the jared foundation arrested a few months ago. doesn't include the thousands of text messages, the video collected, all the electronics that were seized, as well. interestingly, the fogle lawyer said he's already seeking treatment. let's listen. >> jared also know that is he has a medical problem. he's already sought evaluation by a world class psychiatrist, experienced in these matters and he will seek appropriate treatment. >> all right. including that, very limited words during that press conference, is there a strategy there with that admission? >> of course. he hasn't gotten to the sentencing part and there's a presentence report and favorable to him that he is obviously making an admission, getting help. however, this is very perverse and very sordid and there were a lot of victims. so, therefore, you're going to go in front of a jujitdge seein
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lot of this and probably won't move the judge with facts as disturbing as this. and the significant part is these are federal charges. when you have federal charges, it is unlike state charges in that you are going to be doing most of the time that you're sentenced to, there's no good time, there is but it's very limited. federal time means for your client that if he gets ten years he's doing ten years. >> got to be tough with the 14 victims, their families, also for jared fogle's family, married with two kids. kevin, back to you outside the courthouse. how's the family responding? >> reporter: well, there's actually two points to add to that. his wife released a statement saying that she is filing for divorce. that she will not comment any further because she wants to protect her children in this case. the family has also just in the last hour or so released a statement saying that it is basically shocked and horrified by the criminal activity that jared has been involved in. they are also saying that they do not want to comment any further.
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but that they're -- that they are thinking of the people that jared has victimized in this case. and that they're hoping that jared comes out of this at the other end a better man, perhaps a cured man, which is the case that his lawyer was just making a few minutes ago that they want him to be cured of this and that he is seeing this psychiatrist as a result of it. jared again did not speak when he left the courtroom. he just got into a car. we have no idea where he went and the lawyers saying he won't be making any statements further statements. of course, we don't know when the sentencing is. >> all right. kevin tibbles and karen desoto, thank you. we'll hear back from you when the sentencing happens. now to duelling town halls for donald trump and jeb bush tonight. both in new hampshire, both just three miles apart. while jeb bush defended the support of common core, trump spent a few days defending the
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idea of support for ending birthright citizenship. >> bill, i think you are wrong about the 14th amendment. frankly, the whole thing with anchor babies and the concept i don't think you're right about that. >> you want me to quote the snaemt. >> if you're born here, you're an american. period. period. >> many lawyers, many lawyers are saying that's not the way it is in terms of this. >> joining me from new hampshire is nbc news correspondent katy tur. good to see you. give us a preview of the duelling events especially when donald trump says because bush draws poorly, it is a good time to draw a crowd. something like that he says. >> reporter: it's no mistake he is going to be here in new hampshire today. he'll try to suck all the air out of the room as he has been doing. only announced the trip to new hampshire on monday but i'm told that it was in the works for longer. they had to make sure they didn't get picked for a jury which he did not. there's also a big education
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summit here as you mentioned with a number of candidates including carly fiorina, scott walker, chris christie, john kasich. that's also going on. trump here at 6:30. jeb bush is going to be just a few miles away at 6:30, as well, doing a town hall and trump is hoping that all the of the voters and reporters come to see him instead of jeb bush and take the air out of the room for the dwoigs summit, as well. trump is sparring with yb in particular at every opportunity he can get. trying to say that he's weak on immigration, the military. jeb bush for his part is trying to ignore trump as much as he can and instead referring to him as the big personality in the room. and saying despite it all, saying that he does not agree with trump's immigration plan. but as well as that immigration plan that he calls for -- trump calls for deporting of all undocumented immigrants and he's defended with saying that the
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courts overturn it, it's good for trump. take a listen. >> if the courts overruled him, he still benefits politically laying out a tough position he believes in. there's a native streak in the republican party. a reason trump is propelled is popularity of this position in iowa, new hampshire, south carolina. >> reporter: and trump is going to try to sell that plan here in new hampshire to voters tonight. we an el see how successful he is with that later. >> katy, thank you very much. clinton support earls a ear out for hillary clinton. whether she wiped the server clean herself. >> did you try to -- >> i'm not -- you know, i don't -- i have no idea. that's why we turned it over -- >> you said you were in charge of it. you were the official in charge. did you wipe the server? >> like with a cloth or
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something? >> i don't know. you know how it works digitally. >> i don't know how it works at all digit alally. >> is this an issue for your campaign? >> nobody talked to me about it except you guys. >> she said she didn't send or receive anything marked classified. nbc news is told that analysts are optimistic to recover some of the data which was wiped clean. earlier this week, court documents indicated the intelligence community is flagged more than 300 e-mails to determine whether they determine classified information. two others have been cited as possibly containing top secret information. the state department said it is uncertain whether the information is labeled as such when the e-mails were sent and received. joining me here is joy reed and jonathan allen. thank you for joining me. jonathan, again, clinton seemed
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testy. is the strategy working? >> what you saw there is a little unvarnished clinton sarcasm. he was frustrated, agitated. walked away from reporters. i think, you know, there are a couple of issues here. obviously, the legal issue and if that's resolved, there's the political issue of the judgment of deciding to have a personal serve we are the work and personal e-mail on it that continues to be a problem for her throughout the rest of the campaign. whether or not that costs her the democratic nomination or the presidency is another question. >> want to play for you sound from two of the defenders and talk about that on the other side. >> this is foolishness. i'm having a come out of my vacation to deal with this kind of stupidity that the people are putting out. hillary will be just fine. >> i think when you get to the point answering questions about wiping servers that you're nearing the end of legitimate questions for her to answer. >> all right. joy, you heard when kristen
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welker asked, she said no one's asking me about this except you guys in the press. >> i'll say that just having been in iowa, new hampshire and south carolina, i didn't hear much interest in this particular issue of voters unless they fell into one of two categories. conservative voters, republicans definitely like this story. it is something that's playing out on conservative media. they're hearing a lot about it, caught on to it. democrats but do not like the clintons and plays into an already baked in feeling of them. in general, not an issue the public is paying all that much attention to unless you're one of the two categories and one of the complications of the story is overclassifications of e-mails and she sent an e-mail and now subject to a freedom of information act request, they review it and then decide. you get a request, some stuff blacked out and more classified
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and could be classified now that weren't then and it's a comp complicated story. i think it's more of a beltway story and journalists covering clinton like the story to go at hillary clinton. >> whether the story's affecting numbers or not, jonathan, there's a new poll out today and clinton ahead of other rivals, good news in that. but then there is this number. her lead against donald trump dropped from a 16-point lead to a 6-point lead. so is this more about her weakness, especially with the controversy in the e-mail talk continuing daily or the strength of donald trump? >> i think it's more about the strength of donald trump. obviously, talking to each individual voter to know what they're thinking but donald trump is for real and i think the republican primary field wasn't taking him seriously at first. they all are taking him very seriously now. i think general election voters need to take him seriously as a potential candidate in the general election.
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certainly hillary clinton's people seeing him within six points to be taking him seriously. the one thing that's constantly been bad for her is on honestness and trustworthiness and looking at the other numbers, i think hillary clinton's in a position any candidate would want to be in right now. >> all right. joy, to you, you said that the story in your opinion is a inside the beltway kind of story and factor in eugene robinson and wrote about this week and mentioned in the press conference with hillary clinton yesterday. he writes, she stonewalled for so long, there's no other word for her stance. that recent pledges of openness and cooperation ring hollow. if she has political problems because of the e-mails or potentially even legal trouble, it's her own doing. fair? >> you know what? i think that in terms of the washington press corps, we have been living with clinton so-called or scandals for
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something like 30 years. the public has a -- >> is it different this time around? she's running and she's a front-runner and she's having to deal with the drip, drip, drip as we hear. >> if not this, it's something else. goes with clinton is an air of a scandal out there. let's go get it. i think that's what she was going to deal with anyway. the election is demographics. any of the democratic candidates with 45% republicans the same and i think you are seeing in the trump phenomenon versus hillary phenomenon, a gap in enthusiasm. democrats are resigned unless they're drifting toward bernie sanders to hillary clinton. i don't think you shake a lot of democrats off of her if they're for her. this situation with the e-mails will dog her because i think it's something republicans and i think also beltway media will not let go. will it put her in legal jeopardy? most of the folks i talk to say probably no. she is a clinton. clinton scandals go with
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clintons. >> to both of you, thank you as always. >> thanks. asking you to join in the conversation and let us know what you think of bing pulse question today. is the reputation damaged by the e-mail controversy? 23% say yes. 77% of you say, no, that's not the case. keep the votes coming. thankshow may i help you?s list. i heard i could call angie's list if i needed work done around my house at a fair price.
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did you see owen in the courtroom today? >> yes, i do. i'm sorry. >> after an emotional start yesterday, dramatic new testimony today from the alleged victim at the center of a rape case rocking an elite prep school. details on the stand describing the alleged assault at st. paul's school in new hampshire
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saying, quote, i didn't want any of this. i was so confused. i didn't know what else i could do. i had already said no and already moved his face physically. i didn't know what else he could understand from this. this is the former student the victim says raped her. owen labrie has pled not guilty to all the charges. what stood out today in court? >> reporter: well, frances, testimony from the accuser has resumed this afternoon. and frankly, it's been an emotional day for most of the day she's been recounting the intimate details of what she says happened on that night. last year, two days before graduation. when she says she was led up the stairs of a math and sciences building on the campus of the st. paul's school, an elite boarding school in the area here, and she says sexually assaulted by the defendant. she says that it all began with
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an e-mail invitation from him to meet him and take in a view from the roof of the building. she says that she initially turned the invitation down and then reconsidered after a peer of hers vouched for him. the defense says it is a school tradition involving upper class men seeking sexual conquests with younger students, the defense says that e-mail messages and facebook message that is she had with the defendant show that she was willing participant. meantime, all of this has put the school itself in an uncomfortable position and has cast a light on the culture there, the school for its part released a statement which i'll read. the school says, current allegations about our culture are not emblematic of the school or values, rules or the people who represent our student body, alum alumni, faculty and staff. as you say, the defendant owen
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labrie pleaded not guilty to all the charges including felony sex all salt charges. the lawyer says he will testify later in the trial. frances? >> jamie, thanks for the update. want to bring you horrifying news from overseas. a renowned syrian archaeologist is alleged to have been killed by isis. he was held for a month. after isis took control of a historic city, he was known for working to protect the landmarks of being destroyed by the terror group. we'll be right back. you total your brand new car. nobody's hurt,but there will still be pain. it comes when your insurance company says they'll only pay three-quarters of what it takes to replace it. what are you supposed to do, drive three-quarters of a car? now if you had liberty mutual new car replacement, you'd get your whole car back. i guess they don't want you driving around on three wheels. smart.
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i can and just tell him how much i love him, how much i miss him. and how proud of him i am. >> just heartwrenching. that was the father of austin stephanos speaking of living so close to the water where his teenage son went missing last month. they were last seen leaving in a fishing boat july 24th. after an exhaustive search, the u.s. coast guard found the boat but no sign of either teen. today the family announced the creation of the austin blue foundation for boating education in their son's honor. straight ahead, trump goes hollywood. an editor for "the hollywood reporter" talks about the new interview with the donald including trump's take on the hillary clinton e-mail controversy calling it watergate on steroids and asking you in
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the bing pulse question, is clinton's campaign damaged by the e-mail controversy? weigh in now. and breaking news, austin pistorius release from prison on hold. a look at the prison where he is being hold. fellow inmates alleging he gets special treatment. doers. they don't worry if something's possible. they just do it. at sears optical, we're committed to bringing them eyewear that works as hard as they do. right now, buy one pair and get another free.
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tomorrow. this could go on for years. joining me is matthew bellamy for "the hollywood reporter." good to see you. i want to start with the comments on hillary clinton. did it surprise you how it was linking this to watergate? >> no. i think dmp sees when's going on right now in the culture and hilla hillary's been under fire. he's jumping on it. he predicted later she would potentially serve up to 20 years in prison. i don't think that -- i think that's a stretch. i don't think we're there yet or anywhere near yet but it doesn't surprise me that he is now going on the attack against hillary. he is the front-runner. >> it was fascinating read, talking about deflate-gate and team tom brady and favorite tv show and actor. what stuck out most for you? >> the bravado on display here. here you have someone never short of ego, never been short of, you know, confidence in
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himself, they built an entire television show around that. and now, he's leading in the polls. he's getting tons of media coverage. everything he says and does is being chronicled. i think that that's giving him a more inflated self of sense. >> interesting to read about the bravado. the author was describing how she was waiting for him and calling her in and larger than life in the room. well, she asked him also if he would consider being vice president. he says this, quote, i just don't think it would be good for them or me. it's a good, very important position and the person perhaps to do something different than me. what do you think that says about how he views this race in the long run? >> i think first of all, he views himself as an all or nothing type candidate. he is not in this to be a career politician and vp and some day get a chance to run. he is positioning himself as this is it. i'm running. this is my time. who knows if he'll change his
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tune. if someone else get it is nomination. but he seems pretty confident that he's not interested in second place here. >> i'm sure he loved the pictures taken for the article sifting through it here given on the cover and the hair's good. so, he's got to be happy about this. >> yeah. this is the first magazine cover of the campaign and i think he wanted to look good. >> okay. matthew, executive editor, thank you very much. >> thank you. hillary clinton is a subject of our bing pulse question of the day and asking you, is the campaign damaged by the e-mail controversy? this is how you're voting. 20% of you say are saying yes. previously that has -- 23% so 3 points down and now 80% of you say, no. be part of the conversation. go to pulse.msnbc.com. keep casting the votes. more now on the breaking news, jared fogle, former pitch man for subway pleads guilty to child pornography and sex charges.
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>> today jared fogle has been charged and has admitted to participating in a five-year criminal scheme to exploit children. this is about using wealth, status and secrecy to illegally exploit children. >> according to federal court documents, at least 14 minors and one paid to engage in sexual acts at least once. the documents also detail an arranged sexual encounter at a new york city ritz carlton hotel. the 37-year-old fogle is married and two children. his wife released a statement saying she is extremely shocked and disappointed and in the process of filing for divorce. the fogle family says they're quote profoundly disappointed in jared's criminal behavior but gratified that he is seeking medical treatment. now to new developments in the hack of the cheating we believe site ashley madison.com. hackers dumping huge amounts of user data including credit card information and addresses and
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what's called the dark web. several reports including one from the daily beast as many as 10,000 e-mails belonging to u.s. government officials are now leaked. joining me in studio is alam levin, chairman of identity 911 and credit.com and author of "swiped" set for release later this year. thank you for joining me. what do we know about what's on the leaked list? >> there are names, addresses, e-mail addresses, physical characteristics, partial credit card information as well as sexual preferences. this is not a good list for anyone on the list. >> it's interesting the motive here. talking about hackers releasing that, more to it than just saying, hey, these are the married people out there who want to cheat on ashley madison? >> well, the stated reason why they did it is really two fold. one was because they wanted to expose people engaged in these practices, an immoral website
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and sending a message to ashley madison and other websites, hey, you have said that for $19 you would delete information and in fact you haven't deleted any information. it's still on the servers. >> so, what's going to be the fallout knowing that there are the thousands of people with information out there and for ashley madison, the people who want to sign up? >> well, i think it's certainly going to stump the growth of ashley madison. they say the memberships are on the rise again and most important for the people on that list, beyond the dinners and the very unpleasant conversations and the flowers and the jewelry, and very happy divorce lawyers around the world, there are serious consequences. if you're a government or military person and you're on that list, first for the government, you could be thrown out of office. if you're in the military, you could end up determined that you are, quote, a philander, you could wind up with a year in prison, a dishonorable
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discharge, impact the security clearance, be a target for fraud. >> more and more targets with government agencies, seeing that the sony hacking, now ashley madison, too. i'm not going to sign up, i can tell you that right now. but for other sites, is that a concern for consumers overall that potentially this is supposed to be, you know, supposed to make it easier for other websites but dpro s compr private information? >> hacks have become the third certainty in life. breaches and identity theft is more of a reality. the second thing is as i say in "swiped" privacy is if not dead on life support and that any time you go to any website, even those that could be the most secure and look at the websites that have been breached, you have to take the position that anything you write could end up in the equivalent of sky writing and be really, really careful where you go, what you say and what you do.
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even if a site is almost perfect, somebody can make a mistake, click on the wrong link, malware in a system. hackers in the back door or like with the irs through the front door. >> privacy is on life support. wow. we have to watch it. all right. adam, thank you very much. >> thank you. now to some other stories that caught our eye. did you see this? a football fumble. candidate marco rubio. watch this. tosses and then nails that kid in the head with a football. he was tossing it around. all fun until that moment. but, you know, all innocent. and the kid is okay. the flub turned into an meme as always things do. this moment from the brady bunch. the movie. we remember that, too. espn tweeted gnat pass doesn't terrible and didn't end up well for the receiver and rubio said the qb always gets the blame.
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now next video showing even whale s have a sense of humor. >> quite sweaty today. a lot of waves, a lot of white caps so it's hard to spot if there's a blow. it just makes it so challenging. it's quite exciting in one way. very frustrating in another that you know they're here. but you just jolly well can't find them. oh look. there is one. >> oh, the irony jolly well can't find them and there's a whale right there. the crew spent all day looking for whales and then upstaged by that huge blue whale. and next, the bears need a day off. a shock of their lives for canadians with black bears in the pool. conservation officers say record breaking heat is likely why the bear wanted the cool off in the pool and couldn't really explain the hot pub thing. finally, the owner of the house made famous by "the
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for $139 a month after a $1000 volkswagen bonus. 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® you are looking at a nasa satellite picture of wildfires raging through the western part of the country. you can see the view of space with the large plumes of smoke from fires in california and washington. dozens of wildfires burning across california, washington, oregon, idaho and other states. and in washington, there is concern today about some strong winds that could move the fire quickly and in chelan, businesses are struggling. >> we can't keep a reservation. people cancel the reservations if they come or they just don't
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come in. and now we don't have reservations because people know about the smoke and seen it on the news. it's a huge hit. it's a huge hit. like, there's no one in here right now. >> and in idaho, other state officials there, they're mobilizing active duty military to help for the first time since 2006. developing news from alaska, recovery efforts today for three men presumed dead after a mudslide in sitka after nearly three inches of rain fell in just over 6 hours yesterday. alaska's governor expected to visit the site today to survey the damage. following a breaking story out of south africa. oscar pistorius prison release for friday may be in jeopardy. the decision they say was made prematurely. they're gathering information. nbc's jeff rossen has a look at the life inside prison. >> reporter: it is one of the
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most notorious prisons in the world. known for violence and gangs. but oscar pistorius' reportedly isolated in the hospital wing living in a tiny 6 x 8-foot cell. pistorius said to be so paranoid that food is poisoned, eats sardines and baked beans, only allowed outside one hour a day. getting another hour in the weight room. >> we thought he was a vip prisoner. he could do whatever he want. >> reporter: this man says pistorius got special treatment. he was an inmate there, the same time pistorius. >> how can you get your own gym, your own gym alone? why the cell never given and his was prepared special. >> why do you think this happened? >> because he's got money. it's oscar pistorius. >> reporter: the family denies he's getting special treatment and officials didn't respond to
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the request for comment. it was a trial that captivated the world. oscar, any idea when you take the stand? oscar pistorius, the olympic hero shooting and killing his model girlfriend reeva steenkamp. prosecutors say he shot her four times in a fit of rage and jealousy. >> i did not fire at reeva. >> reporter: in court, pistorius claiming it was all an accident. he mistook her for an intruder, the judge believed him convicting him of involuntarily manslaughter. >> killed her. shot and killed her. take responsibly for that. >> reporter: now prosecutors are filing their official appeals saying the judge made a mistake in papers filed this week, the court not only approached the circumstantial evidence incorrectly but also incorrectly excluded relevant evidence. and pistorius should have been convicted of murder calling it inescapable. do you think it's possible the prosecution could be successful here? >> yes. i do think there's a great possibility that appeal can succeed and that will have the
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affect to go back to prison. >> that was nbc's jeff rossen. we'll have more information about oscar pistorius' release from prison as the story develops. a trial date set for a former police officer charged with killing a man. we'll head to the campus to see how the school responded in the weeks following the shooting. [ school bell rings ] ♪ [ female announcer ] everything kids touch at school sticks with them.
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trial of a former university of cincinnati police officer accused of murder in the shooting death of an unarmed motorist will begin november 16th. the attorney planned to file a motion for change of venue. he shot and killed the man in an off campus traffic stop. he pleaded not guilty to murder charges. the shooting which was recorded on the camera led to large rallies in downtown cincinnati. joining me from cincinnati is
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msnbc sara dahla off. the date is coming up. how will they be ready? >> reporter: well, the attorney, the defense attorney for former officer ray tensing said he's not optimistic of the change of venue motion to be granted. debate in the community here continues over the future of the university of cincinnati police department. as university of cincinnati students head back to campus, university police are back patrolling city streets for the first time since former officer ray tensing shot sam dubois. they halted patrols and resumed them with the support of the cincinnati police department. >> it might be too early. candidly, it might be. we have a responsibility to the parents of those 44,000 young people that are getting their education at the university of cincinnati. we have a responsibility to the
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uc community to make it as safe as possible. >> reporter: there are restrictions. among them, that university police will not be conducting proactive traffic stops off campus. a key issue for critics is timing. the university is in the beginning stages of an examination of the department and potential reforms have yet to be made. mark o'mara represents the family of sam due bois. >> i think they're rushing to get the police officer on the street to say the students are safe. when the problem with it is the community seemingly is not safe. >> reporter: the university says efforts by campus police of neighboring communities safer is successful. points to a steady drop in violent robberies over years but statistics by the university also raised troubling questions. they reveal so far this year, african-american drivers have been cited overwhelmingly more often than white drivers.
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a diskrcrepancy the university police chief calls horrifying. vice president of safety and reform. >> i think we are -- we have an opportunity to do better right here right now. but i think that these are similar issues that law enforcement across the country's facing right now and i hope that we can be a leadership example for those other communities. >> reporter: so this department can be better? >> absolutely. and we will. >> reporter: the university also appointed directors of public safety and police community relations following the shooting but activists have concerns that the much-vaunted reform process is just for show. >> i think what they're doing is pushing the envelope, pushing the community to erupt because they're not communicating effectively and efficiently as to how uc police department will patrol the streets of this city of cincinnati. >> reporter: on campus, students are aware of the controversy. >> i think it's good to review it. >> the patrol around campus is needed but i think that there
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has to be balance. >> reporter: the debate on policing now front and center at one of the midwest's largest universities. and the outside firm hired by the university to do an independent review of the shooting is continuing their work. frances, we expect results in a few weeks. back to you. >> all right. thank you. and that is our show today. we thank you for being with me. keep the conversation going on social media. ari melber picks up your coverage next.
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i can offer you no interest sittifor 24 months.oday thanks to the tools and help at experian.com, i know i have an 812 fico score, so i definitely qualify. so what else can you give me? same day delivery. the ottoman? thank you. fico scores are used in 90% of credit decisions. so get your credit swagger on. go to experian.com, become a member of experian credit tracker, and take charge of your score. good wednesday afternoon to you. i'm ari melber reporting from the msnbc newsroom. the former face of subway is facing a judge. we have a look today at what many are calling a firenado. more images coming up. first, the big story in politics happening right now. an old-fashioned gop duel. the location, southern new hampshire. the opponents, two men who
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believe they are the gop front-runners, donald trump and jeb bush. they're soon going to kick off events just ten miles from each other. trump announced the event pretty last minute. and well aware that he would be near bush. he told reporters, because bush draws so poorly, i figured it would be a good time to draw a crowd. trump still leads bush in national polls. registered voters, look at this, they view trump favorably and he says he counter punches and never picks fights he singled out bush more by name saying he has the wrong approach on women's health, wrong foreign policy in iraq and says bush is just too low energy for the white house. we have more on that this hour. but with tonight's events hours away we begin in new hampshire where nbc news political embed ali vitali is reporting. donald trump is taking it to jeb bush. when's the big idea? >>or

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