s considered the most valued. because of baltimore. baltimore. this is cnn breaking news. >> this is cnn tonight and i'm don lemon and yes it is breaking news. tom brady speaks out for the first time since that damming deflate-gate report. >> i accept my role and responsibility as a public figure and i think a lot of it you take the good with the bad. >> braid hey a lot to say but what the patriots superstar didn't say might have been more important. what is a fair punishment? and sophia vergara and her exbattle over her frozen embreos. he says he'll be torn apart if

they're destroyed and tonight, they'll both speak out. and thinkia know the real deal about race and police what if everything you thought was wrong, especially after deaths of freddy gray sque michael brown and beyond. and why someone says liberals especially are missing the point. and quarterback spoke out about the damming deflate-gate report even though he says he hasn't a e had a chance to take all in. >> there's an elephant in the room. >> where? >> you may be the only one who doesn't see it. so tom, you're in the news here and the ted wells report was just released. [ crowd booing] >> gym's known for hard hitting

questions. this is how it usually goes for me so i'm used to it. >> we're going to deal with it and then move on with the evening. what is your reaction tom, to the ted wells report? >> see, i can't usually say those things. but i don't have really any reaction. our owner commented on it yesterday. it's only been 30 hours, so i haven't had enough time to digest it fully but when i do i'll be sure to let you know how i feel about it and everybody else. [ applause ] >> are you that slow a reader? >> my athletic career has been better than my academic career. i'm used to reading x's and o's. this was a little bit longer. >> when do you plan to address

this publicly? >> soon. there's a process going forward right now and i'm involved in that process and whenever it happens, it will happen and i'll want to be very comfortable in the statements that i make. >> so since those statements will speak for you, how are you handling this controversy? is it bothering you? >> you know i've dealt with a lot of things in the past. i dealt with this before the superbell. bowl and i'm fortunate to have many people that love ome and support me [ applause ] >> thank you. >> has this detracted from your joy of winning the super bowl? >> absolutely not. [ applause ]

>> why not? >> because we earned and acheevd achieved everything we got this year as a team and our fans should be too. >> is the super bowl tainted? [ crowd booing] >> what do you guys think? neither do i. >> your answer was? >> either do i. i asked what they thought. >> i asked what you thought. >> i said absolutely not. >> on the phone is tom brady's agent. are you pleased with how tom did in that interview? >> tom's got a lot of experience and it was very entertaining. >> so are you pleased with it? >> yes.

>> you are? you had previously spoken about this report and you blame the league for what happened. the other team tipped them off. why are you blaming the other team and the league? >> well, on that particular issue, don, what i think has happened over a period of time within the nfl league office -- and even though they brought in a lot of talented personnel, most of that personnel is former investment bankers and polit cos from capital hill and it is a durth of experienced football people helping the commissioner make decisions and judgments. and one of the problems the current makeup in my view even though they're very hard working, dedicated people is that we're still in a sporting

context, we're not on capital hill or wall street and in the sporting context judgments are made in a different way and in that instance when the colts, it's clear, relying on what was said in the report the colt tz obviously contacted league office well before the afc championship game and then league officials huddled amongsts themselves about the issue that colts raised. i believe if they had had an experienced person they would have recommended that before the game starts you probably should alert the patriots as to what the issue is so that whatever competition we put forth will be fair. >> you make specific allegation and i'm paraphrasing it this was a sting operation between the league and the indianapolis

colts before the game. >> i'm sorry to interrupt you but i believe my statement said that the way things happened prior to the game i said that it suggests it was more probable than not it could have been a sting operation and frankly -- >> what's your evidence? >> i think -- well, the evidence is in the report. ted wells laze out exactly all of the communication that happened between the colts and all the communication that happened between the league o official officials. none of those appear to be prior to the commencement of the game. >> did you advice tom brady about speaking out and if you did, why did you advice him in that way and if you didn't who did? >> i would like to answer your

question but being an attorney and a member of the bar, i'm not allowed to comment on that. >> but someone did advice him as to how to deal with a line of questioning? >> his comments and answers to jim gray's questions stand on their own. >> he said that he had not had time to digest the report yet. or even really fully read it and it doesn't take that long to treed, read it and i'm sure tom brady is an intelligent man and it doesn't take that long to read the report. >> you're making assumptions, number one, and i don't think report came out until 1:30 eastern yesterday. it's over 240 pages long and chalked full of footnotes and if he said he didn't have time to

digest it i would hope that people would take him on his word. >> have you had time to read the report and digest it? >> i've had time and it is a very dense report and so to really truly grasp it you have to go through it a couple of times. >> have you discussed it with him or a coach or team owner or anyone? >> i can't speak for the coach or team owner. i've certainly had some conversations with him but i can't speak for them. >> have you spoken to roger goodell about the next steps in this matter or any of this? >> no i haven't. we haven't had any communication on that. >> i want to bring in someone much more versed on this p. and that's anchor nicholls. >> i just want to sort of

advance our conversation from earlier in the evening. when you do look in the report one of the things ted wells highlights is inconsistency. one of them was that he didn't know one of the members of the equipment staff of the officiating examining crew and that indicates he did know that person. why is he telling ted wells he doesn't know one of the men involves, when thetects text messages show they did. >> that's how he ted chose to characterize it. and i guess ted just chose not to believe him and frankly, rachel the entire report virtually the entire report maybe with the exception of the

section of the k balls, ted and the investigative team dheez consistently disbelieve testimony from patriots employees, tom, etc. and that was their choice. >> what was most frustrating to you guys that tom was telling them that they weren't believe sng. >> i will say the impression i had was from a schedule standpoint, tom's interview, i believe may have been the final interview in the entire investigative process and my own personal impression was that opinions may have already been slidified at that point and so that was a particular frust frustration to me. >> are you worried about your client's legacy? is he worried about it? >> there are lovers and haters

everywhere and that's one of the fascinating things that makes s sports interesting. >> are you worried about his career? >> no i think his career speaks for itself. >> don, thank you very much. >> thank you for having me on and nice to speak with you again, rachel. >> thank you. >> we're going to talk a lot more about this coming up. what he said and didn't say about deflate-gate coming up. and sophia vergar aeau and nick lobe.

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our breaking news tonight, patriots quarterback speaks out and says he hasn't had time to digest the nfl's deflate-gate report. and i'm joined by my guests. so david, he's in a tough position he's not the guy at the center of this he's just trying to look out for his client's best interest. but what do you make of tom's reaction tonight? >> i think it was ant great reaction. smiling and yucking it up on something very serious. we have to remember this is a crypt nite in sports. he should react very seriously.

i think he's a great lawyer and very loyal to his client so i can understand why he's taking the position that he does but i don't think questioning ted well's integrity is going to play well. and he's going to meet before discipline is handed out. we know with adrian peterson turning down the opportunity, he needs to go and explain himself to troy in a very direct way. >> a better way of answering the questions would have been? >> not answering them f you weren't prepared to do so. for him too laughing and that's not what the public wants to see. we already know you did it and

you're going to sit there and minimize the whole decisions. he should have said i haven't had a chance yet, and i will answer the questions. >> i think only people who are cheering outside of that room people in new england, but everybody else is what the hel. >> it's a real paradox. you have the rest of the country tuning into this for more hard hitting questions and you have a pep rally going on. i think 3,999 of them were waving tom brady flags and it become as tone deaf situation and he's playing to the room and not necessarily to the people watching on tv. i had less of an issue with his

tone i expected that from him. i was surprised at him saying he hadn't read the report today. there's an executive summary that's only 25 pages. i would think that maybe he would have gotten to. i understand why he doesn't want to talk about it -- >> rachel but i got the feeling it was the sort of privileged put upon like oh my gosh am i really having to deal with this? >> i agree with you on that one. absolutely. >> yeah? >> i think he's portraying this image that he's better than the rules and everybody wants a fair playing ground and you can't act or look like you're above the rules and that's what he's doing, he's minimizing it doesn't think it's a big deal

and his body language and tone plays into that. >> i'm not sure that we know that he lied but you have to look at today in the context of ted's findings that tom didn't cooperate. look he has defenses. he can deny it and say the report is nonconclusive. the league has responses to all of those things but i'm not sure that we know that he lied. ted's finding was that it was probable. so what they should be doing is preparing themselves for presenting their defense. and the unfortunate reality is that the media clock ticks faster than the disciplinary talk. so what he says in the public has to be consistent with the position and what he's going to say in the room and the optatives today i don't think were that favorable for him. >> perfect segway into my next

question. he's going to have to do it in the room with commissioner roger goodell. and that's really who is in control right now. >> i'm curious at the next steps. roger goodell has said troy vincent is going to make this decision. i'm curious as to whether they do pull tom brady in or if they iare going we did that already and now we're going to make a judgment. so interesting to see what goes on there. he did not give the investigator everything they want and that is something the league does not look favorably on. so, when there is a punishment handed out for this and there should probably be something if the investigator found that there was probable cause, it's

going to be an interesting side component to this. >> and meet a man who says a lot of people are missing the point in baltimore. the american dream is terrifying. american history is the history of the scary thing being the exact thing we have to do. cross that ocean. walk on that moon. fly. none of this makes rational sense. it only makes american sense.

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more breaking news tonight. the justice department will launch a pattern investigation. as requested by the city's mayor, that's according to a law enforcement official. the announcement should come tomorrow. what if what you were taught and now believe about police and race was wrong. our next guest says there are a lot oof reasons why the cities are in dire straights and liberal said ares are at the top of that list. thank you for joining us. this piece you have progressives miss the point of baltimore. are you trying to tick progressives off, liberals african americans? >> no i'm not.

it comes down to this look at it and to say it's all about white racism institutional racism is over simplified. that's not how we got here from there. we have problems to solve but it's not just these people are rising up over white people or society that doesn't care. it's very simple. you have a situation where, black people were subjected to racism and jim crow. that didn't help. and black power movement and my parents at least said you have to fight two times as hard and that went out of fashion and in some ways that's a good thing but it did change what initiative meant and changed standards. i don't kneif you can judge about that. but only in the late 60s did

welfare turn from a mean program that only widows were on and then nobody trained you for a job and it ended up decimating black communities. >> there was no end point. >> and then finally third, the war on sglugdrug. >> you said it added to the single parent house hold. >> i didn't say it but i meant it. it was a situation where it was easier than it had ever been to raise a child alone. nobody decided i a shall raise my children alone and have more. but at this point, you could do it and keep a wolf from the door and a father had less need to take care of young kids and of course it's better when there are two parents. >> i think that's true. and three.

>> there was the war on drugs. if you have a war on drugs, drugs are illegal if they are illegal, you can sell phlegm a markup and if you can do that that's an alternate living that poor black man can make. and that means for the first time if you're going to a bad school round 11th grade, you can drop out of school because there's a way to keep the wolf from the door other than getting a job. this ended up getting people in prison and killed that ended up ruining black men in the same way this welfare reform changed black women. >> and the tv show the wire did a case study that was the best you said you had ever seen. >> the way it was written and implemented, we cast too wide a

net and have too many people in prison and we wound up putting so many people in prison that there wasn't enough money left to educate them train phlegm new jobs and increase the chances owhen they came out so they could live productive lives and i think any policy adopted while i was president in federal law, should be changed. >> so he's saying at least the part he passed on the war on drugs, unintended results. and 9.5% for whites arrests and 10.5 for black. and one study found that drug use in black areas, take place outside and in white areas it takes place indoors p. sindoors. and many times whites go into

black neighborhoods. >> and the war on drugs is the main thing that keeps us from getting past. if you took away the war on drugs, then i have all faith that black men would get jobs after high school and you would see a brand new black america, not paradise but a heck of a lot better than what we have right now, after one generation. >> you sound like a conservative. >> and i'm not. i'm somebody with american commonsense. >> it's commonsense to people who have commonsense, unless you have a political agenda or some other agenda. and you say the sophisticated twitter oughty to take on what has happened after freddy gray's funeral is to essentially change

and you say that's far too sim plis plisic. >> aconservatives will probably say this is real. and the problem is police are assigned to go into these communities and troll for drugs. you have interactions between police and young black men. there are bad cops and bad young black merngs so itsn, so it's going to get ugly. the slugdsolution is to make it so they don't encounter themselves very much and the one thing that would do that instantly is eliminating the war on drugs. >> you say they go into neighborhoods and the president is talking about thugs and looting and there's been this debate whether thugs equals the

"n" word these days. >> i did a piece on npr where apparently i made the seem like anytime somebody says thug they're saying the n word that's what i meant. when we're talking about the particular context of things being broken and rioting, these days when people talk about thugs, there's a space where what people really mean is black criminals. and i say that because when you look that things white gangs do they're wan abes and hoodlums p. and we're part of this. it's something enshrined by the black hip-hop iconography. and the thug is a revolutionary, etc. i need not even mention tu pac, etc.

and i think thug is coming to mean in that context, black criminal and it makes me itch that we have a word for black criminal. >> more people use the n word does that take the teeth out of it? >> at this point, i think they do because among black people it means brother or buddy and if you're the kind of white guy that doesn't want to say it too loud but he feels he is because of the music and dress, he can use that word. in some ways, we're all coming together even though it can often not seem like it. >> in this article i think you said that this whole episode of hands up don't shoot was dist orted. the overall result said you believe are positive because it's focusing on this. >> this is a problem.

the main thing keeping us from getting past race is black men and the cops and the reason for it is that there are always going to be some bad cops just like the are some bad young black men. now, it's true that black community has much more to fear than what the occasional bad or undertrained white cop does. nevertheless the black community isn't going to reject its own thugs, so to speak. we're not going to get past this until we discuss this nexus with the police. gangster rap was on it. talk about anyone about racism and the cops are going to come up. as long as we're talking about this this is the mean of these past two years, that's good because once we solve this i think we'll really have a change in the racial dialogue which we

haven't had since roughly, 1965. some thing needs to change. >> you say it like you mean it and i enjoy it every time. you should t read it. the progressives miss the point on baltimore. and modern family star sophia vergara battles her exnick loeb if you can't put a feeling into words, why try? at 62,000 brush movements per minute philips sonicare leaves your mouth with a level of clean like you've never felt before giving you healthier gums in just two weeks. innovation and you. philips sonicare.

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insurance in a whole new light. liberty mutual insurance. modern family star sophia vergara is the highest paid actress on tv. she made 37 million dollars last year from her sitcom and numerous indorsement deals. but she's in unwelcome spotlight. and nick loeb is referring to embryos the couple created in 2015 and now sophia is suing to get custody of the embryos. one of the biggest questions, why is nick doing this?

that's the big question. >> i talked to him about that. he says he's not doing it for publicity and says he wishes it wasn't public. he did it this in a jane and john dough lawsuit. he says that her camp started talking about it so the reason he did that was he needed his side of the story to be told. and he says he will do two interviews and never speak of it again. when you wanted to have a child and you two started a relationship and became engaged, what were those conversations like? >> she knew right from the beginning i always wanted to be a father. it was something i wanted my entire life. >> did you start out naturally or did you always want to do this with fertility treatment ss?

>> she always wanted a surgt. >> why? >> i think that's a personal decision that he wanted to make. we planted one embryo into a surogate and it didn't work and we did it again and that didn't work and then we had to go through the process of creating lives. >> why do you believe that you've already created a life? >> i always believe that life begins at conception. how else would i define that two embryos are that happen to be female. these aren't female property these are lives. >> you are pro life is sophia pro life? >> i always assumed that that's what she was. she's catholic and she's always told me that. so i'm a little confused now on

everything that's going on with the decisions that she's making. >> you want to use those two frozen embryos, she does not want to use them. so you are willing to be a single father to one or two daughters. that's what you're looking to do now? >> absolutely. and yvi've even offered to let her wave all obligation. if she wants to be involved in these children's lives, that's fine. i didn't do this to put them in a freezer until the end of time. >> some people are saying you're doing this to hang on. >> i've always said i'm happy that she found somebody to move on with her life and unfortunately, we left these two embryos behind.

we dadeid a talk about a year ago after our break up. >> the contract says any and all changes must be mutually agreed to by both partners. one cannot use the frozen embryos to create a child, whether or not they intend to rear the child without explicit written consent of the other person. legally speaking what makes you think you have legal grounds to bring this to fruition? >> i have to bring this up to lawyers. and unfortunately, i didn't know she was going to change her mind in the process. she said it to me over and over again that she wants to do this. >> you filed a suit in august or september against sophia because you want to do use the embryos but you did this under a jane

and john doe name because you didn't want it to go public but it did. >> it's tough. nobody really wants their personal lives plastered across the press, which is why i tried to keep this very quiet and file it under john and jane doe, unfortunately, it got leaked and her folks were commenting in the media about it. i felt i needed to come out and set the record straight. >> i know this is such an emotional topic. have you felt alone? >> yeah. this has been tough. i've always wanted children always wanted to be a father. i didn't create lives lightly. this was very important to me to the point where when we created these lives and we were going to put nem to a surgt, we were coming up with names for our children and so to do anything besides continue their journey through life and birth

is tant mount to destruction. >> if you started a relationship right now, would you let this go and threat embryos go? >> no again, those are lives created. somebody would have to accept me that i have two children the same as if i had two children born. >> the vast majority of lawsuits like this have not gone in your favor. >> i want to fight for the rights of my daughters to live. there's nothing more to me especially if i do win and these children are brought up in this world, at least they're going to know they have a father who's fought so hard that's going to love them forever. >> so what happens if he doesn't win? >> i asked him that and he said that he would be devastated and heart broken and he feels these two lives would be lost.

>> allison stay with us. when we come back sophia vergara tells us her side of the story. s in the news. it's possible your personal information may be at risk. research shows that if your information is compromised due to a data breach you are 6 times more likely to become a victim of identity theft. now is the time to get protection. sign up today and lifelock will begin monitoring your personal information, including your social security number alert you about suspicious activity and if needed, take steps to help restore your losses. you only have one identity. protect it with the best. lifelock. out of 42 vehicles based on 6 different criteria, why did a panel of 11 automotive experts name the volkswagen golf motor trend's 2015 car of the year? we'll give you four good reasons. the volkswagen golf. starting at $19,295, there's an award-winning golf for everyone.

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sophia vergara and nick

lobe'slobe loeb's storbattle over embryos. and loeb's lawyers had more information about that. >> they believe that because there was no provision in that consent form if they broke up. there's one if the one of them died. and his lawyers believe it makes the entire consent form null and void. >> does he have any legal standing? couldn't she say the same thing? >> to me it's a no brainer and i dealt with these sort of forms when i was doing medical malpractice cases. he doesn't challenge her contention or his own intention

at the time they signed it. the agreement they signed might not square on all fours with the current california law, but that's no reason to discard that which they signed which specifically addresses a lack of consent of both parties. >> what his lawyers also say is that there have been ten cases across the country, some have found in favor of the person like sophia and two found in the favor who was in the nick loeb role. so he's really pinning a hope that there's a precedent for him winning. >> i can't speak to those other cases but i can say this. let's carry to an extreme what he is saying and i watched your interview. i thought it was fabulous. in the new york times he said that if in fact -- if we were to keep the embryos frozen indefinitely as her lawyer seeks to do that would be tantamount to killing them. he

then is saying that every frozen embryo that exists today plushmust be carried to fruition. imagine the consequences of that. >> and she spoke out this morning. take a listen. >> i don't want to low this person to take more advantage of my career and promote himself and get press. this shouldn't be out there for people to give their opinion when there's nothing to talk about. >> so allison, that's the question even i have is why would you want to have a baby with somebody you're no longer with and don't get along and many are saying this is to get back at his ex. >> he says he believes life begins at conception and he believes these are two lives

he's responsible for. he's catholic and pro life. so he says it's not about the relationship he's happy she moved on with her life and hopes he will to. but even if he meets a woman and gets married, he still wants to bring these embryo's to fruition. >> i respect that but that's not the law under the united states and we don't live under his religious doctrine and we live under the law of the united states and it has spoken. >> thank you very much. we'll be right back.

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pittsburgh for 23 years to street the homeless. when i started, i was actually really shocked how ill people were on the street. it was like going to a third world country. there were kids 85 year olds, pregnant women and they all have their own story. once you get to know the folks out there, i knew i had to keep going. and now, we've managed to treat over 10,000 people. infections, dibeaties, cancers, the list goes on and on and on. i'm glad we saw you. for folks willing to come to us we have a mobile van and we have drop in centers. we connect with a person and we advocate with them to get their insurance, get housing and care. wherever they are, they're

always within our circle of love. >> you did so much for me. >> it really is a wonderful feeling that people in the street are beginning to get a voice in health care. it's something that we should take pride in when we can actually treat people the way we want to be treated. >> to nominate a hero go to cnn heroes heroes.com. thanks for watching tonight. i'm don lemon. "ac 360 starts right now. tom brady on the dvs. we're awaiting for his first comments since a report came out saying he probably knew the balls were deflated. he's expected to speak at any moment now. he arrived by helicopter for a sp