tv The Last Word With Lawrence O Donnell MSNBC December 30, 2015 7:00pm-8:01pm PST
>> that's good. i'm for it. we have the criminal charge filed against bill cosby today. >> bill cosby accused of a crime. >> bill cosby is accused of aggravated indecent assault. >> he's never before been charged with a crime. >> ehe's expected back in court on january 14. bail set at $1 million. >> cosby has repeatedly denied the accusations. this isn't just a he said she said. this is a he said and there are dozens of others who also said. >> n57 women came forward to accuse bill cosby of sexual misconduct. >> why now? things are desperate now. >> jeb bush announcing he's cancelling a tv ad in iowa.
>> he's going to plow most of his resources into new hampshire and hope for a second or third place finish. >> he should go home. just relax. >> bill cosby's freedom cost him $100,000 today after the district attorney in montgomery county, pennsylvania, made this announceme announcement. >> files were charged against william henry cosby. the charges stemmed from a sexual assault that took place at mr. cosby's home in montgomery county. cosby is charged with aggravated indecent assault. this is a felony of the first degree. charges today are filed as a result. the new information came to light in 2015. statue of limitations in this
type of case is 12 years. >> it's actually a second degree felony, not a first degree felony. and the prosecutor's office corrected that later. bill cosby's accuser, andrea constand met him through her work with the temple university women's basketball program. bill cosby was on the temple university board of trustees until he resigned just over a year ago. the prosecutor said andrea c constand considered him to be her mentor. the new case against bill cosby follows a campaign for a district attorney in montgomery county in which the winner ran
this ad. >> for the district attorney in montgomery county, kevin steele, first assistant da with a 98% conviction rate. and tough sentences for sexual predators. or bruce castor, a former da who refused to prosecute bill cosby. castor said we don't prosecute people for making a mistake or doing something foolish. many more people came forward and castor said he could used their system but he didn't even try. he was not looking out for the victims. >> this is the first criminal charge bill cosby has faced. joining us now is nbc news legal am b list karen desoto and judith ritter, law professor at widener university. to go to the question that was in that ad, the issue in that campaign ad for da, there was a suggestion there that it would be easy or possible to fold into
this case many or some of the additional cases that we know about that somehow the women in those cases would be able to testify in this case. what are the legal dimensions of that. you can't use evidence of uncharged crimes and prior bad acts, just to suggest to a jury that the defendant is just the type of person that does this kind of thing or has a propensity. that you can not do. but you can use that type of evidence if it tends to prove one of the elements of the crime, like intent or motive or a modus operandi, for instance. in this case, one of the best arguments for getting that type of evidence in, the other accusations is from what i've rae and what i heard from mr. cosby's lawyer, he may be arguing that he maybe gave her the complaintant in this case gave her pills but she took them
willingly. it could show he has the intent to try to overcome any possible resistance she might make to sexual advances. which is the element of one of the charges. >> judith ritter, how is this different from bringing in all sorts of other, say in a burglary case, previous accusations, unproven accusations of burglary, that sort of thing. >> because that just sho sus look, he was a burglar in the past, he's probably been a burglar in this case. this is a little different. they had to prove he had a specific intent to give her drugs to overcome the resistance. the use of drugs in other cases, first of all, it's very similar mo dus operandi. but it also proves proves a specific element in the statue
and that's what makes it different. >> the case is being pursued now that's a 10-year-old deposition in a 2005 deposition where the civil suit that andrea constand brought against bill cosby. this is part of the evidence that got this case filed as a criminal charge, bill cosby said, when asked about the encounter and whether it was consensual, he believed it was, he said, i walk her out, she does not look angry. she does not say to me, don't ever do that again. she doesn't walk out with an attitude of a huff. because i think that i'm a pretty decent reader of people and their emotions in these romantic sexual things, whatever you want to call them. >> karen, how is that going to play in this trial? >> well, there's a lot of information cop takened in the
depositions. and they' calling this new evidence. however, you have to remember, lawrence, at the time the charges were originally filed with the police report and declined to be prosecuted against, there was also somewhere between eight to ten other women coming from that time to come forward. to say the deposition of new evidence when they had eight people already saying listen, this happened to us before seems a little disingenuous now to say we're basing on these depositions that seem a little broad in nature and not as specific. so maybe there's depositions that, you know, that have not been unsealed that we don't know about. but it doesn't sound like there's any kind of direct admission to this case in those depositions. so, you know, are the depositions going to win the trial? i don't think that that's going to happen. and could you consider that new evidence, obviously they did and he has been charged. but probable cause versus beyond a reasonable doubt are two different things. it's really going to be up to a jury to assess that as a fact. >> let's listen to more about
what the prosecutors said today in describing this charge. >> the charge is aggravated indecent assault. and the breakdown of that statute is number one a person commits some type of vaginal penetration, digital penetration, and the person does so without the complaintants consent. the person knows that the complaintant is unaware. the person has sbablly impaired. drugs or other intoxicants or other means for the purpose of preventing, resistance.
>> it does not contradict in that the prosecutor is saying she didn't have the capacity. she doesn't look angry, she doesn't say anything to me about it. she doesn't complain about it. that could be consistent with the drugged state that the prosecutors describe. >> he i imagine might argue after realizing what had happened she left without, you know, a word of protest. and i think he's entitled to raise that certainly.
and the jury might use that as a way of deciding that her credibility is questionable. but i imagine the prosecutor will have her explain why she failed to raise, you know, raise a protest, or say something to him about it before leaving. and she may have a credible explanation. >> we've heard from other women these other incident ps . for him to say nothing or to say not what they were feeling as they were trying to get out of there. a lot of the times women don't even want to go to the police. why? because it's a very shameful, very embarrass thing.
they hesitate coming forward. this is the problem with rape cases. even when they're timely, they're difficult for prosecutors to try. it makes it that much more difficult. especially in this case, you don't have physical evidence. in this case particular case, you have three charges, not one. you have one for the penetration without the sex. you have one that was having penetration when the person was unconscious. and then the third charge is for being the person to make that person unconscious using whatever, the quaaludes, whatever, the drug that he has alleged to be used. it's a very complicated scoring system there. >> thank you both for joining us tonight. really appreciate it.
>> very welcome. >> coming up, jeb bush makes some big moves in iowa, new hampshire and south carolina. and a wall street journal report says the nsa was spying on israeli prime minister benjamin netanyahu while he was lobbying congress against president obama's iran deal. one of the reporters who broke that story will join us. and later, we will have a round of predictions for 2016 which is a very tricky year to predict. your credit is in pretty good shape. chuck, i know i have a 798 fico score, thanks to experian.com. kaboom... get your credit swagger on. go to experian.com. become a member of experian credit tracker and take charge of your score. olay regenerist renews from within, plumping surface cells for a dramatic transformation without the need for fillers your concert tee might show your age... your skin never will.
>> none of the republican presidential candidates have said a word about what is probably the most mornt news in the world this week, iran shipping 25,000 pounds of low enriched uranium out of the country in compliance with the iran deal. and no candidate has said a word about the latest of the latest
boko haram attack in nigeria. the candidates never get into real specifics about tax policy or international trade, each of which is a subject that deserves hours of discussion but doesn't get more than a few slogan lines in campaign speeches. no president gives campaign speeches like donald trump and therefore no presidential candidate has as much speech time to tell us what's really on his governing mind. but since he spends b most of his speech time talking about his polls, he has very little to say about governing policy. rarely more than a sentence. i'll build a wall, isle be mean to china, i'll bomb the hell out of isis, those hugely important subjects rarely get more than that. they never get a full paragraph from trump. but today in south carolina, donald trump took the time to dwell on the new governing issue of upmost importance to him.
>> he's got a problem with a carbon footprint. you can't use hair spray. because hair spray is going to affect the ozone. i'm in new york city. i want to put a little spray. right? right? but i hear they don't want me to use hair spray, they want me to use the pump because the other one, which i really like better than going bing, bing, bing. and then it comes out in big globs, right? and it's stick in your hair and you say oh, my god, i got to take a shower again, my hair is all screwed up, right?
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>> he texts me. he was talking about something. then i killed him. i shouldn't even talk about him. he's down to 2 or 3. i say what is he doing. doesn't he should just go home and relax. he should relax. he shouldn't be wasting his time. today jeb bush is canceling $1 million in tv ads in iowa and $2 million in planned tv ads in south carolina. the bush campaign is instead giving its resources to campaign staffers on the ground and more in new hampshire and nevada. according to a strategist, this will give jeb by far the largest
ground -- the largest paid ground operation in the first four states. in the latest iowa poll of republican voters, of public policy polling, jeb bush is fifth in iowa with 7% of the vote. in the latest new hampshire poll. jeb bush is in fifth place. in the latest national poll of republican voters, from cn, jeb bush is in seventh place with only 3% of the vote. >> i wrant to say, if i don't win, i consider this a total and complete waste of time. >> joining us now, the special correspondent for "the daily beast" political reporter for the boston cloeb.
the operation will be spending money on tv. the super pac back in the campaign tends to spend $19 million. the bush support won't have a tv campaign with it. >> right, right. he will have that. the point here, i think, lawrence, is that this bush campaign has squandered a lot of this money. they raised far more money than anybody else. certainly in the early stages of this campaign, and they spent a lot more. they burned through it. we're in a phase here. social media has kind of taken things over. and other forms of communication have taken things over. now i suppose by shifting this to the ground game. because the ground game is more important. you've got to get your caucusgoers out to participate in the caucuses.
so it's fine, as far as it goes. but it's pretty close to the ninth inning for bush. >> your reading of the situation with the former front-runner. it's hard to remember that there was a time when jeb bush was the front-runner in this field of candidates. . >> the super pa skr going to have to make a decision about whether these attacks on donald trump are about trying to actually take trump out of the race or at least knock him down a few pegs. or whether they're about defining jeb bush as the moderate or the centrist or the establishment alternative.
he's trying to decide whatever remaining war chest he has, just use it to take trump down. unload the money on attack ads on trump and then bow out of the race gracefully. i don't see a path or an obvious path for jeb to the nomination at this point. >> there's also that strategy of, forget about trump when you're in jeb bush's position. he's going to have to take marco rubio down. he's going to have to take ted cruz down. he's going to have to take down people who are in front of him but not as far in front of him as donald trump is. >> get over here. >> he has a strategic game. but you're right, if he's
putting all his eggs in one basket, if he does need a win somewhere, he still has this structural problem, he has john kasich, he has chris christie, he has himself, marco rubio. he has those four candidates. that would be a pretty strong candidate. but right now, they're slicing up the pie so much that no one is really catching traction except for i sfoez marco rubio and a surging chris christie. those are the two people he needs to concern himself with right now. and you see him behind the scenes a tacit admission of that. but as mckay was saying the attacks on trump are about positioning bush more than they are about taking on trump right now. >> and james, trump is now saying he's going to get into tv advertising in a big way. my question about that is in the boston tv market, the new hampshire tv markets and in iowa, is there time available to buy. but with this many candidates, that tv time gets reserved far in advance with the candidates
that can afford it. and i'm just wondering how much tv commercial team if he does decide to spend money. >> there is still tv time available, but the second part of that is the smartest part of the question, it's expensive now. these candidates who reserve this time and even the super pacs who reserve the time month and months in advance, they got a lore rate. when donald trump says he's going to spend about $2 million and doesn't say where, $2 million isn't going to buy you a whole lot of air time given supply and demand right now. >> and mike, the bush campaign is arguing. we have, of course, of course president obama to blame for the rise of donald trump. not the weak candidates in the republican field. not the incredible weakness of
the former front-runner jeb bush. that had nothing to do with the rise of donald trump. you can attack barack obama for anything. it's going to be an applause line. i doubt most people really, really buy that. many are perfectly happy with the rise of donald trump. he's just casting about. we should say when we talk about jeb bush and uh all his problems his problem is him. he's not just a good candidate. >> that's the perfect last word for this segment on bush. that's the reason where he is where he is in the polls. we're all going to hold it right here. we're going to come back for more political talk. also coming up, a new report says the nsa spied on the israeli prime minister benjamin netanyahu.
one of the reporters who broke that story join us. we're going to have predictions coming up. mike tamaski is the bravest of us all. he can tell us who the next president is going to be. who the republican nominee is going to be. if there's going to be a brokered convention. mike knows it all. he's going to tell us all when we come back. alka seltzer plus liquid gels rush liquid fast relief to your tough cold symptoms. and they outsell mucinex liquid gels 2 to 1. alka seltzer plus liquid gels. ♪ (vo) some call it giving back. we call it share the love. during our share the love event, get a new subaru, and we'll donate $250 to those in need. bringing our total donations to over sixty-five million dollars. and bringing love where it's needed most. love. it's what makes a subaru, a subaru.
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released his favorite photographs of the year. there's jerry seinfeld. i have a feeling the president knew he was there. here is the president with a young girl on n a halloween costume. that is the daughter of deputy national security adviser ben rhodes. joe biden on october 21, that's just before joe biden gave his speech in the rose garden announcing that he was not going to be a candidate for president. and then there were the big legacy moments that happened this year. this was over the summer. this was in the oval office after the president and his national security team were informed that the iran nuclear deal has been agreed to.
and this is the very moment that the president was told the supreme court had just upheld the affordable care act. pete sousa said selecting the best images of the year are some of the most challenging parts of being the official white house photographer. tomorrow night at 6:00 p.m., the easiest thing about doing "the last word" is the last word holiday party. we will have that holiday party tomorrow night at 6:00 p.m. and we will take a look back at 2015. >> each team has the opportunity to prepare the balls. >> when i felt them, they were perfect. >> i like a softer ball, that's all i can can tell you. >> stop saying balls, balls, balls, balls, balls, balls. >> they are off and running in the 2016 race. >> wow. >> i know there have been questions about my e-mails. >> the american people are sick and tired of hearing about your damn e-mails. >> thank you. me, too. me, too.
>> taylor swift said haters are going to hate. >> the affordable care about is here to stay. i've had some good weeks in my life. i will tell you. a landmark decision by the u.s. supreme court making same sex marriage legal in all 50 states. >> by removing a symbol that divides us we can move forward as a state in harmony. . >> it's a nightmare deal for the world. >> the alternative to the deal is not some kind of unicorn fantasy. >> the american dream is dead. >> you're a bunch of drug dealers and rapists. no disrespect. >> yes! mr. trump! we love you! >> county clerk kim davis was
released from jail. ♪ rising up back on the street ♪ >> my, oh, my what a wonderful day. >> i told my colleagues i would resign from the speakership and congress. >> this is not a job i ever wanted. >> somebody has to have this job. >> 3,000 people running from the republican nomination. >> this is not a cage match. >> i'm a force in the race, but i'm a joyful race. >> how am i losing to these people? >> what has happened to our party? >> none of them are going to drop out. they're all going to mutiny. it's going to be super fun. >> you can join "the last word" holiday party tomorrow at 6:00 p.m. eastern as you're dressing for your new year's eve party. find out who our choice will be for the biggest winner of the year, biggest loser, person of the year and a lot more. up next, the nsa spying on israeli prime minister benjamin netanyahu. what if one piece of kale
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spied on israeli prime minister benjamin netanyahu and in the process swept up conversations that involved members of congress and israeli officials while the u.s. negotiated the iran nuclear deal. the deal that netanyahu opposed. the national security council released a statement today. we are not going to comment on any specific alleged intelligence activities. as a general matter and as we have said previously, we do not conduct any foreign intelligence surveillance activities unless there is a specific and validated national security purpose. this applies to ordinary citizens and world leaders alike. the chaurm of the house intelligence committee sent a letter to admiral michael rogers requesting copies of all policies and procedures that interintercepted communications involving members of congress and how it handles those communications. joining us by phone now, mike tamasky is with us here.
this report is report is absolute fascinating to read. there came a moment where you say the administration realized they were probably monitoring netanyahu picking up a possible some congressional members in this because they were lobbying them. they were not spying on congress. they're receiving the intelligence from tnational security agency. they would be able to see from the summaries that they're provided. what they're getting.
the white house made a conscious decision when they realized that they included what i called the contents of congressional communications. through the israeli reports. bottom line is they knew that this could be valuable. >> there's no way they could ask for it. they basically made the decision to defer to the nsa to decide. the nsa would go through the intercepts they were getting and decide what to share for the
white house and what to hold. they stopped monitoring communications from heads of state. >> i made clear to the intelligence community that dmls there is a compelling national security purpose, we will not monitor the communications of heads of state and government our intelligence agencies will gather information about the intentions of governments around the world. we will not apologize simply because our services may be more effective. >> they say they're not going to
do it unless there's a national security purpose and they believe the iran deal was a compelling national security purpose. >> sure they do. that's one of the biggest things of obama's tenure and netanyahu was one of the biggest opponents to it being consummated. there are still a lot of questions here. i can see this getting thorny for the white house. particularly if they did pick up stuff that american members of congress said. >> the point is made in your piece. there's no such thing in the world really as friendly intelligence operations because everybody is trying to get inside of everybody else. and instances in your piece about israeli and suspected israeli spy on the obama administration and their negotiations with iran.
>> right. bottom line is u.s. and israeli intelligence services cooperate when there's a shared interest and shared goals. so for many years before the iran talks started. there was a shared goal of trying to disrupt iran from making progress on its program. >> the nsa and israel's version of the nsa, nay developed cybertool called sputs nick which took out some of the center f centerfuges that iran was using. at the same time, these agencies are spying on each other, probing each other.
>> obama decided to go with this deal and you can tell she did not agree with where the president was going. the intelligence agency before, one might argue in a playful way suddenly the stakes were much higher. they started acting in much more aggressive ways. >> really appreciate you joining us tonight. when we come back, political predictions for 2016, going to take all the suspension out of the whole year. he knows everything that's going to happen. i do my best to manage. but it's hard to keep up with it. your body and your diabetes change over time. your treatment plan may too. know your options. once-daily toujeo® is a long-acting insulin from the makers of lantus®.
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>> mike tamasky in his prediction piece for "the daily beast" told us who will be the republican nominee, the democratic nominee who will win the presidency, whether there will be a brokered convention and whether we will defeat isis. all of that, mike has predicted. my answer to all of those questions. i have no idea. mike, i'm sitting out this round of predictions because i predicted donald trump would not run for president. so i have forfeited my right to doing any more political predicting until this whole trump thing is over. so mike, tell us, who is going to be the democratic nominee. >> well, this one didn't require, you know, too much courage on my part. i do say hillary clinton. >> let's see if we have agreement on that. james, who's the democratic nominee? >> hillary clinton. >> mckay?
>> yeah, hillary. the republican nominee, mike, i can't take the suspense any longer. who sit going to be? >> i said in the column ted cruz. i may have changed my mind since then, but since it's in print, i better stick with it. ted cruz. >> all right, james, do you have a pick for republican nominee? >> only three have the money to do it. the others need a lift. the only three that can do it are cruz, trump or bush. the others have to do a big lift. >> mckay, do you agree with this so far. what about marco rubio. i think he makes some good points. but i think rubio makes a better shot than a lot of people give him credit for. he doesn't have the money to compete with a massive war
chest, but he was basically up until this point meticulously courted the republican elites in the donor class. and it's taken them a while to win them over. but i think he will. i think he's in the process of doing it. and i think he will have the money and he's more talented politically than the rest of the field. i think he has a better shot than a lot of people are giving him credit for. but i don't know if he'll be the nominee. i'm with you, lawrence. i have no idea who's going to win. >>. >> mike, the brokered convention, tell us about the biggest drama of the year. will there be a brokered republican convention? >> i'm going to cop out. >> that's one where i really have no idea. the way delegates are awarding is very complicated. the point at which delegates can be released from their
commitments based on their states is arcane. i'm not going to pretend to understand it, but there's obviously a better chance that something like that is going to happen this year because you need 1267 delegates, i think, to get the nomination. if you look at the map and go online and play and fiddle around with these things. you can get to scenarios easily where nobody gets to that. . >> james, a brokered convention? >> no, but goodness, wouldn't that be awesome as a political reporter? that would be awesome. >> mckay, please, hold out hope for a brokered convention for us? >> i think it's possible. if you talk to republican elite, and not just people who are rooting for it because it would be fun, but people who are terrified because of it at the highest levels. they're preparing for it. they think there's a better chance now, not just because of trump, but because this is a historically huge presidential field and it's that way for a reason. the republican party is genuinely at war over what it
stands for, what it believes in. and that's why you see so many candidates. i think it's entirely plausible that we'll get to cleveland next year without a clear nominee and i also think if donald trump is the clear front-runner, you'll see a major effort in the party to force a brokered convention any way just to avoid that disaster. so i would say there's at least hope. if you're rooting for that, i think you hold out hope. >> we just have enough time for mike to tell us who the next president of the united states is going to be. >> the odds favor clinton. the electoral college favors any democrat at this point. you know, if the economy doesn't collapse, she should win it.
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♪ (vo) some call it giving back. we call it share the love. during our share the love event, get a new subaru, and we'll donate $250 to those in need. bringing our total donations to over sixty-five million dollars. and bringing love where it's needed most. love. it's what makes a subaru, a subaru. >> and now tonight's "last word" which will be my last word of the year about the k.i.n.d. fund. the program that we've been running for five years now to raise money to have desks made in malawi to deliver to school where is kids have never seen
desks and absolutely would never see desks without your help. the k.i.n.d. fund provides scholarships for girls to attend high school in pl alawi where education is not free and poverty prevents many families from sending any kids to high school. when families send a child to high school it's usually one of the boys, not the girls who gets to go. so the girl's graduation rate is half the boys graduation rate. you have been wonderfully generous to the k.i.n.d. fund. you have continued giving every day after christmas and you will have new totals to report to you on monday that i think are going to surprise even me. ben rosenburg tweeted last night, yet another year of giving to the k.i.n.d. fund. thank you, ben, that is very generous. as you know, those two girls would not be in school without your help. nicky tweeted the other day, i already donated. it's so refreshing to hear about children who actually want to
learn. i know what you mean. i was one of those kids who never wanted to be in school. and when i was a public schoolteacher, i was in front of an awful lot of kids who wished they wanted to be somewhere else. but i have never seen a kid in school in malawi who was not thrilled to be there, who didn't feel lucky to be there. including the kids who walked barefoot for miles to get to school. most of the kids in malawi do not finish primary school. if you see kids in the fifth or seventh grade, they're there because they really want to be there. and kids in high school in malawi, to have all the drive and ambition that kids in medical school have in this country. it takes tremendous determination to make it all the way through high school in a country like malawi. bill g tweeted, happy to donate for two more k.i.n.d. desks in honor of my two granddaughter, high school seniors, active and helping teens with disabilities. phillip tweeted, lawrence, just donated a desk in your name to
the good work for the k.i.n.d. fund. >> thank you very much, phillip. appreciate that. and amy tweeted, if it takes generations to give desks to all malawi schools and to educate all the girls, then we keep donating. teach our kids. and it is going to take that kind of determination to take this work done. we have doubled the number of kids with desks in their classrooms in malawi, but most kids in malawi still don't have desks in their classrooms. and only 7% of girls complete high school in malawi. 7%. it will take us more than a generation, much more to get the high school graduation rate up to where it should be in malawi. education is a long-term cause and a long-term investment. people have been making contributions to harvard university for 379 years because the need never stops. and now they're giving more than
ever because costs always increased and that need never stops. remember, you can always contribute every day of the year at lastworddesks.msnbc.i don't mean. we got many positive comments and a surge of contributions this week, thanks to dr. muteti who said he lived it when he was in kenya walking five miles to his primary school. he now has a doctorate in education and is a dean of a high school here in southern california and supports the k.i.n.d. fund because he lived it. maybe 20 years from now we'll get a tweet or whatever we're doing on the internet then from one of those barefoot girls in malawi who walks five miles from primary school now and now gets to seat at one of those december ecks that you have provided from her and that maybe she will then be able to go to high school thanks to one of those
scholarships that you provide. and then maybe, like dr. muteti, just maybe she can make it through college, and then maybe become an educator one day herself. and maybe one day, like dr. muteti, she will send a contribution to k.i.n.d. and send us a tweet that says she is supporting kids in need of desks because she lived it. through a maximum-security prison wall. >> nobody's ever seen anything like that before.