absolutely right. thanks very much. we'll continue to stay on top of this major political story. that's it for me. thanks very much for watching. i'm wolf blitzer in "the situation room." erin burnett out front starts right now. breaking news, new surveillance video captures the incident that the amtrak train derails. and new details tonight about the engineer at the controls. his coworker tells outfront there's more to the story than meets the eye. >> tom brady fighting back. he's appealing his suspicion tonight. can he win? let's go outfront. good evening, everyone. outfront we begin with the

breaking news. new surveillance video surfacing tonight of the horrific amtrak crash. the video shows the moment of impact. let me show it to you. this was at 9:21 on tuesday night. you see that massive explosion. that is when the train controlled by the engineer brandon bostian hit a curve and flew off the rails. the ntsb revealed that the train akccelerated to 100 miles an hour. the seconds later, the train hit the curve and crashed. investigators are telling us several new things tonight. they actually heard physically the sound of the brakes being applied by the engineer at the last instant. that's something that bostian says he didn't recall doing. they say the trains brakes and signals all appeared to be in working order at the time of the crash. and investigators also say

bostian agreed to meet with them for an interview. we have learned a lot about him today, including our interview with one of his close friends and former coworkers. we'll begin with jason carroll out front tonight in philadelphia. you're learning a lot more about the investigation at this hour. >> reporter: well the ntsb says that the train does not have a mechanical history of unintended acceleration. that's why it's very important for investigator to speak with this engineer and find out why the train accelerated. now it appears they'll get their chance. the train's engineer, 32-year-old brandon bostian, the man responsible for driving the train apparently cannot remember much about what happened after suffering a minor head injury. >> he remembers coming into the curve, he remembers attempting to reduce speed therefore. he was nokds out, thrown around just like all of the other

passengers in the train. he does not remember deploying the emergency brake. we know it was deployed. the last thing he recalls is coming to looking for his bag, getting his cell phone, turning it on and calling 911. >> his attorney says he client did dmot have a preexisting medical condition, was not impaired by alcohol or drugs and his cell phone was off. bostian did speak to investigators for several hours on tuesday. following the questioning, the city's mayor says bos chon refused to provides a formal statement to police. the mayor also not holding back on who he believes was at fault for the derailment. saying it was reckless for the train to be heading into a curve at 106 miles per hour were more than twice the 50-mile-per-hour speed limit. >> there's no excuse that could be offered literally unless he had a heart attack. >> the ntsb taking a more

measured stance wanting to wait for their chance to interview bostian and for more information to be extracted. >> we don't want to prejudge the investigation. we want to put everything on the table and do a careful analysis of everything. we'll be looking at the track and the signal system at all. we're looking at the human, we are looking at the machine. >> reporter: so again, ntsb investigators will get their chance to interview this engineer. when asked how that interview process will go apparently his attorney will be allowed during that interview process. ie eel give him a blank slate and tell him to paint a picture of exactly why the train accelerated. >> they can find out where the gaps are. the issues. thank you very much. we're going to be speaking to the head of the ntsb in a few moments. i want to go to drew griffin out

philadelphia. you spoke with a close friend of brandon bostian. you asked him all the tough questions. what did he tell you? >> reporter: he says there must be more to the story than what we're hearing if it's the brandon bostian he knew. aifier bishop was a flag man on the route and he worked with brandon on hundreds of trips up and down this corridor. he says he never saw anything that would alarm him. >> good engineer. great engineer. he was on point. if there was something he didn't know he knew who to call to get the information. he didn't come off as a know it all and he knew everything. he knew what he needed to know and if he wasn't 100% sure he was going to call and make sure that he got the proper information. he wasn't going to do anything and okay i'm just going to assume that something was going to happen. he was always thorough. >> you mentioned we all know the speech we all know the trip the route. you know that that curve is

coming up. you know that you're leaving philly and you've got to go slow for a while. what i can't understand then is how can this guy who you've traveled with on the tracks many times, have gone into that situation so hot? >> again, i mean -- that's the million dollar question. to be honest with you, i'm going based on the person i know. i'm not going to sit there and say that we can't make mistakes and don't make mistakes. we're human. we all make mistakes. but for something like this i don't know. it just -- there's not enough piece of the puzzle for me. something doesn't seem right. >> reporter: full disclosure were xavier bishop was fired from amtrak last year due to attendance issues. he said he had family health issues. at the time he worked here, they would take the train down have a break at union station want have lunch, get back on the

train. never saw any druxs with alcohol, sleep disorders, any kind of textings issues. and to the point about the cell phone, every time at lunch, after lunch he would turn off his phone, brandon bostian, put it in his bag and go on to the train. that's why he had to say he definitely want to hear brandon bostian's story. >> obviously his friend says that isn't the man he knew. i want to bring in the philadelphia mayor, michael nutter. you just heard that man who had worked with brandon bostian. he said the million ondollar question is why would you come into the curve so hot. we've learned from the ntsb that that train accelerated in less than a minute to 100 miles an hour. when you hear that, what do you think? >> i don't know what to think. literally i'm just hearing that from this most recent

information. clearly something happened something went wrong in that engine compartment with the engineer. and because of the expertise of the ntsb and the quality of their investigatory ri process, obviously we're all hopeful that we'll get answers to those questions. the 106 miles an hour now what you're sharing or what they shared earlier, the speeding up of the train going into the curve, we know the straightaway was even rated at 80 miles an hour. so the train was already going too fast on the straightaway let alone on an s curve. many questions still need to be resolved. the bottom line is, the ntsb as they've already discussed, will have the opportunity for that full interview, or i guess a series of interviews with the engineer so they can do their job the way they expertly do their investigations and then maybe we'll know a lot more. >> i know you've obviously called the engineer's actions

reckless and irresponsible. you heard his friend saying he was a great engineer and said every time they went to get back on the train in washington to come back to new york he would put his phone in his bag before he got on the train. now that doesn't mean anything about what happened the other night. but that's what e r what he said. he said he was never drinking or texting. his lawyer said he wasn't impaired by alcohol or drugs that night. when you put all of that together what do you think? >> well i mean look. it's always nice if your friends say good things about you. and hopefully most of our friends think we're great people. i think we need to stay focused on what happened tuesday night after that train left 30th street station in philadelphia and proceeded north on to new york. so the anecdotes are interesting. the facts are what we're seeking. the ntsb will get to the facts after they have a full interview with the engineer and then let's get to the bottom line of why eight people died, why 2000 or

so folks were injured in a tragic and traumatic incident here in the city of philadelphia and this train wreck. and then get answers to these families. >> now the engineer's lawyer actually is now saying his client -- i know he's going to be interviewed. his client doesn't remember hitting the emergency brake. seems to be saying i don't remember what happened. the ntsb have a black box for trains. the takeaway is going to be he doesn't remember whether he does or doesn't is not the point. do you think they're going to be able to figure out what happened? >> i think that the ntsb has shown time and time and time again with the data collection with other interviews they will conduct with other people who were on the train, they should be able to recreate what exactly was going on. again, those event recorders as they call them will give them a

tremendous amount of information. and so you know i'm not going to comment on his memory. maybe over time things will come back to them. they should be able to recreate what was going on at different points in time. is facing a serious situation. he has an attorney. and you know he's getting whatever advice he's getting. he certainly did not share anything with us and he was with us for a long period of time but he was not questioned for a long period of time. and actually when his lawyer arrived at the east detective division it was then then that he indicated he would not give us a statement. and so it goes on from there. he has legal representation he has rights we get that. but the ntsb must be able to do their work and he needs to answer a lot of questions. >> you say he was with you for a long period f time but not ouncing questions during that time. >> exactly. >> appreciate you time.

thank you, sir. it's an important detail because they need to get answers from this engineer. next we're going to talk about that issue. could criminal charges be brought against the engineer. and could existing technology have prevented this train from speeding up so fast the 70 to 1000 in just a minute. a special outfront report from inside the engineer's cabin. the patriots deflate gate is about losing weight not footballs apparently were for real. i am totally blind. i lost my sight in afghanistan but it doesn't hold me back. i go through periods where it's hard to sleep at night and stay awake during the day. non-24 is a circadian rhythm disorder that affects up to 70% of people who are totally blind. talk to your doctor about your symptoms and learn more by calling 844-844-2424.

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breaking news tonight. new surveillance video showing the sudden explosion as amtrak train 188 derailed and crashed. you see this there on the left of your screen. this as the ntsb tonight reveals in the 65 seconds before the crash the train accelerated from 70 mile an hour to 100 miles an hour in less than a minute then there was the actual crash. the person who applied the brakes in tin stant before the crash was the engineer brandon bostian. he says through his lawyer that he does not remember what happened. this is not the first time a train engineer has been at the center of a investigation. >> 32-year-old brandon bostian

emerged from the enjing battered and bloodied. >> that car we believe actually tumbled over and over and over numerous times. >> bostian's lawyer telling abc after being released from the hospital with 15 staples in his head the amtrak engineer has no recollection of the crash. bostian's phone and blood sample are in the hands of investigators. the ntsb and police are eager to interview bostian further when his memory possibly returns. >> we've seen situations of operator error in the past but this is an unusual situation. you're right, the train was at a high speed for a fairly long peerriod of time. that's why we feel it's important to get a first hand account from the engineer. >> richard beale dots bostian will get a fair hearing. >> there's almost no leniency with the railroad. they're looking to throw you

under the train every time. and the bottom line is what happened with this fellow. >> we do know what happened to engineers involved in previous speed related accidents. in december of 2013 a new york city commuter train jumped the track in the bronx after it took on a curve traveling three times the posted speed, killing four people and injuring more than 603 ntsb investigators discovered the engineer nodded off at the control because of an undiagnosed sleep disorder combined with a drastic shift in niz work schedule. then there was the deadly crash in september of 2008 in an l.a. suburb a commuter train collide with a freight train. 25 people were killed including the train's engineer. it was discovered he was sending texas messages 22 seconds before the fatal impact. and then in july of 2013 a similar but even deadlier

accident in northwestern spain. the engineer was talking on the phone when he drove his train around a curve at 95 miles per hour reaching twice the speed limit before it derailed killing 79 people. he survived and was charged with 79 counts of reckless homicide. >> now the head of the ntsb says he's going to be obtaining the engineer's cell phone records. he is looking for any distractions that could have occurred in that locomotive cab and whether the engineer suffered from any medical crisis. >> thank you very much. i want to bring in now the a retired amtrak engineer. he worked with amtrak for 25 years, along with paul callen. >> you're familiar with the rout that the train was on. and we've just learned that the train accelerated in a period of less than a minute, about 44 seconds or so it accelerated

from 70 miles an hour to 100 miles an hour. is that something you can see happening there or anywhere? >> well i'm not qualified on that particular rout. i'm a diesel man washington south mostly. but with an electric engine they accelerate fast. you have a throttle that's just like the accelerator on your car. when you remove the foot from your accelerator in the car, your car slows down. when you move the throttle up you can't to gain speed. it does answer a question for me. i wonder after the train left 30th street across the river and headed uphill there. why the speed would have continued. i'm glad to hear that there was some throttle manipulation because it indicates to me that he was there and he was able to control the movement of the train up to that point. still there's something that doesn't explain. >> he tried to stop it. but there's nothing in your mind that could explain why you would or a person would initiate such

an acceleration. >> no. i can't -- you know at that point you want to accelerate to a point where you're going to get into your next curve. but you would hit the brake again to go around the curve at the junction there. so that's a question of having to really know the physical characteristics of that route and i don't. but i mean it's like taking off with a plane. you take off, the pilot gives it everything you've got to get off the runway. but once you reach the speed you want you throttle off. so to continue to -- to continue with your throttle in the advanced position where you're going to accelerate your train, it doesn't make sense to me as an engineer. and i can't tell you. there's only one person that can tell you why that happened and right now he's not talking. >> now he says he's going to be

interviewed. you as a lawyer when you're looking at whether there's criminal charges here there's been a lawsuit filed by someone today who says they suffered brain trauma already filed. but you have a question i believe for doug too that you think is very important as to whether there will will be criminal charges. >> i would like to know if there's a so-called dead man's switch or if you let you hands off of the throttle l will it slow your train down. >> that's a very good question. question yes, there is. there's a feature known as the dead man pedal supposedly if i killed over my foot would come off of the dead man pedal. it's more advanced now. every 14 seconds if i don't hit a big red button on the console, then the system senses that i'm unable to do so. >> here's the question ultimately then. if the engineer fell asleep or

was unconscious, wouldn't the train have stopped? why would it be accelerating if he was putting no affirmative pressure on the throttle? >> well there's an explanation for that. >> okay. >> if i was to pass out on the console and all i need is the least little bit of movement, my body could bounce up and down going other a switch frog or going through the interlocking it could do it enough to fool the aletter into thinking that i'm there when in fact i could have passed out. >> when you take into account some of the answers you're getting and the situation that we now have charges, you're familiar with a lot of these cases, do you think there will be criminal charges against this engineer? >> you very rarely see criminal charges lodged against an engineer. the train is complicated piece of machinery. he's in the front car. he would be killed himself. on the other hand if there's substance abuse involved if he

had a medical condition that he knew might incapacitate him but he didn't report it to amtrak that could rise to the level of criminal conduct. so we've got to see what his prior medical record looks like and what the results of the toxicology tests on his blood are. >> you'd be interested to know that like airline pilots we have an annual physical. our annual physical covers everything from drug screening to hearing to our sight and weight and blood pressure. >> i'm sure the plane in germany that crashed, they have an annual one as well. could the deadly amtrak crash have been present snd it's a crucial question. there is a technology that some say would be a panacea for this. we looked inside the engineer's cabin cabin cabin. and tom brady's team firing back that deflate gate wasn't

about footballs at all. can brady beat the nfl?

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breaking news on the deadly amtrak train crash. the national transportation

safety board revealing that the train accelerated from 70 miles an hour to 100 miles an hour in a minute. seconds later it hit a churve and the cars flew off the tracks. the trains brakes and tracks and signals all appeared to be working on tuesday night. we know the horrific derailment killed eight, injured more than 200. but the ntsb says that a new piece of technology could have prevented the tragedy. and you think, is that too good to be true? well chris frates investigates outfront. >> the amtrak derailment may have been preventable. a technology called positive train control. a system of computers that monitors trains. >> what it means is this system had it been in place, it would have slowed the train down to the point it would have been safe the derailment would not have taken place and people would not have died. >> the technology acts as a

backstop for train drivers facing a increasingly trem job. >> they're asked to be do more than ever before. he's asked to do the job of two to three people. >> jeff kline is the engineer of a commuter train in chicago that transports hundreds of people per day. >> what were you watching coming out? >> signals, crossing gates, pedestrians, pedometer. >> he's piloting a seven car train 100 miles through suburban chicago and he has to divide his attention between signals, sounds and safety. >> about how fast are we going? >> 60 miles an hour. >> and how long would it take to stop? >> a control stop like coming into a station, probably take about four-tenths of a mile. >> and that would take almost a full minute. and then there's the dead man

pedal designed to stop the train if the engineer is unresponsive. >> that was the dead man pedal. if you move you foot off of it just the wrong way, it will start to sound that sound you heard and then it will stop the train. >> while not identical, the commuter and amtrak locomotives are similar. you know how to drive it even if all of the controls aren't the same. >> amtrak trains are quite similar to what we see around the country on commuter trains and freight trains. all have the instruments so the engineer can, if effect monitor how that train is rolling down the track. >> but when there's nothing monitoring the engineer we could pay a high price? >> positive train control is clearly the holy grail. carriers know it could solve a whole class of accidents. >> but here in washington amtrak's positive train control has become a political issue with democrats attacking the gop

for refusing to increase funds for it. when a reporter asked republican house speaker john boehner today about those funding cuts he called the question stupid. speed, not funding cuts caused the accident he said. and when political temp irers and emotions running high some of the train experts worried that now is not the time to be making policy. >> thank you very much. outfront now, robert some. wald. you just hear heard our reporter saying the response from congress, don't be stupid it was speed not funding cuts that caused the accident. is that right? >> i'm certainly not going to get into the political debate. but it is pretty amazing that this train was doing 106 miles an hour as it entered a curve that had a speed limit of 50

miles an hour. we do believe that positive train control could have prevented this accident. >> so i want to talk to you about that technology in a moment. but first, the crucial point of speed that you just revealed to the american public it ak ale vat accelerated from 70 miles an hour to 100 miles an hour in less than a minute. is there any time where such acceleration would be normal or acceptable? >> it is normal during certain segments of this northeast corridor for this train to get up to 100 miles an hour. the fact it was going 100 miles an hour is not unusual. what was unusual is it was going 106 miles an hour through a 50-mile-an-hour curve. >> again, you' saying in this location it's unusual. but someone accelerating from 70 to 100 in 44 seconds, that would also be normal in. >> we want to go back and look

at the rate of acceleration and compare that to normal parameters. that's part of what the analysis will do. >> is there any scenario that you can think of where a train would accelerate without -- like that from 70 to 100 in a placy it should not be accelerating without an engineer directing it to do so? >> well it would certainly be an abnormal situation. we're going to explore that possibility. is there any way that this train could have accelerated without engineer input. we'll look at that. >> and i know you said that teng near has agreed for an interview with the ntsb. the mayor of philadelphia toll me they did spend a lot of time with him but in that time he didn't really answer aany questions. do you know when this interview is going to happen? >> we expect to interview the engineer within the coming days. an exact date has not been

finalized but we're ieassured that he wants to do the interview. >> so for his lawyer says that mr. bostian has no recollection of the crash. if he sticks with that whether it's true or not true is beside the point. if he says he does not remember anything, are you confident you'll be able to reconstruct what was happened and if he's to blame or something else is to blame just from the hard data? >> yes, i am confident that we'll be able to -- >> looks like we obviously lost that shot. he said he's confident they would be able to reconstruct what happened even if that intervau does not yield crucial information, which is a significant point to make. breaking news from tom brady is saying no to the nfl filing an appeal to overturn his so spengs. and jeb bush talking about his loyalty to his brother. can jeb recover?

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breaking news tom brady fighting back. today formally appealing his

four-game suspension from the nfl. saying their decisions are arbitrary and inconsistent. this as the patriots release a controversial 61-page rebuttal of the nfl's deflate gate report. our sports anchor rachel nichols is out front. tom brady is coming out swinging in every way. e hes picked big time representation a guy named jeffrey kessler, successfully reduced penalties for others. does brady have a good shot of getting this appeal to zero? >> first of all, if i had to make a legal appeal to a professional sports organization i would go to jeffrey kessler's door camp out and sit on his doormat until he represented me. his track record is out of the park. but the real me. his track record is out of the park. but the real issue here isn't who is representing tom brady but who is going to hear the appeal.

nfl rules say that roger goodell is allowed to hear the appeal or a designee of goodell's choosing. brady asked for independent and neutral arbitrator. goodell can appoint anyone he wants. there may be pressure for goodell to appoint someone who is neutral and independent. but he can also go into rout and appoint someone in the nfl office or very closely associated with the nfl office. brady's camp obviously trying to poke holes in all of this. they're coming out aggressively today. saying that the patriots staffer jim mcnally one of the guys who have been accused and taken out of his job, he's the one in text messages called himself the deflator. now they say mcnally is a big fellow. deflate was a term he used to

refer to losing weight. for real? >> i don't know if you've ever caused yourself the deflator as you've tried to lose weight. it would be an odd term. would you call yoours the deflator the deflated? the report you're referring to was put out by the patriots. it was a website they published 20,000 words rebutting the wells report. and they did make some interesting points there. look in the wells report in investigation of tom brady and the patriots there are some suppositions some conclusions drawn. and anytime one investigator is using his opinion to draw conclusions, somebody else to nak that same amount of data and draw their own conclusions. there are point they made today that has some basis. a lot of people felt they went too far. you're trying to explain the deflator or explain away a texas

message, what are they going to leak to espn if you think they're talking about weight loss? are they talking about his weight loss to espn? there are a lot of things that don't match up. >> well this is going to be the battle royal. thank you so much, rachel. >> thank you. >> i have a new term when i go to lose my baby weight,ly be the deflator. jeb bush makes a major statement on the iraq war. we know more about the amtrak victims tonight. we're going to tell you about them the people who lost their lives to unfairly.

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alka seltzer heartburn reliefchews. enjoy the relief. jeb bush hasn't officially declared his run for president. already he's having to clarify his position on whether the united states should have invaded iraq. he addressed the issue finally today at today's event in tem pi arizona. >> knowing what you know now, what would wu have done. >> i would not have gone into iraq. >> finally when his brother was president when that war took place. why would it take him four days

to get that answer loud and clear for everybody to understand. our dana bash is outfront. >> the stumble that tripped jeb bush up all week started when he said he misheard the question in this interview, knowing what we know today, would he have invaded iraq. >> i would have. >> on tuesday he confused things more with this. >> in 2020 hindsight you would make a different decision? >> i don't know what that decision would have been it's a hypothetical. mistakes are made. >> then on wednesday, another answer. >> given the power of looking back and having that of course anybody would have made different decisions. >> and finally today this. >> we're all thosed to answer hypothetical questions knowing what we know now, what would you have done. i would

r under the bus, which even he admitted. >> i don't go out of my way to disagree with my brother. i am loyal to him. i don't think it's necessary to go through every place where i disagree with him. >> jeb bush's gop opponents are eager to show they can finesse it especially marco rubio. >> i would not have been a favor of it. president bush would not have been in favor of it. >> more proof of how hard it will be to run for president

ost predictable. that was a question i had for his advisers. i talked to somebody today who

said he was prepared they did go over it. when they were prepping for the interview, when they've been talking more generally and he just got tripped up because he misheard who his interpreted however you want to put it. as it was asked thinking it was back then as opposed to in hindsight. >> matthew, the thing is okay fine. let's say that's what happened. that's what they say happened. but then it took several days and several attempts to actually say what every other candidate hasn't had a problem saying with which is no i wouldn't have done it. >> that's the most confounding thing about the mise he is the most dominant is flawed. he is rusty in the course of the process. he doesn't have a real

disciplined campaign set up and it looks like he is conflicted one, because it is his brother and where he goes in the primary. after he made a mistake, he didn't know where to go with it. >> he didn't know how to fix it. and this does come down to a family relationship and when people think about the war, they think about bush and his relation shil to his -- relationship to his brother. and he has said i love my brother, i love my father but i am my own man. but today in arizonahe said something to him. >> i am loyal to him. >> so which is it? i'm my own man or i'm loyal to him. which is it? that can be an important distinction. >> he has to decide whether he is different than president bush. would he would -- he would have

to say how does my presidency look different. and after the week he said his brother was his adviser in the middle east he has to say this is how i would conduct a presidency different than my brother. >> and now you look at the field. people thoutd he was the front-runner he has all of the money. what happens now. >> the dirty little secret and he might be the front-runner in the national polls and not in the states and you know about this because you ran his brother's campaign how is he doing in iowa new hampshire, and south carolina? in iowa he came dead last last time. and it is early and iowa is not his baliwick why he will play well but still those are the kind of polls that matter.

and talking to republicans about this all week yes, iraq is fundamental when it comes to who he is and his last name and as a candidate, common core those things will trip him up. >> let me add one thing. this is either a moment in a campaign where he makes a mistake and moves from it and moves on or it is the kennedy roger mud moment and from that moment on you knew it was over. and this could be the beginning of the candidacy could never go anywhere after this. >> wow it is that important. matthew and dapa thank you very much. and we are learning more of the names lost on the amtrak crash. something they shared late that night after a day of meetings as they were just headed home. that is next.

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tonight the death toll on the amtrak crash has risen to eight and we're learning the names of four more victims. martha fin more was in corporate real estate in new york. derek griffith was the dean of student affairs at medgar evers

college. >> and officials were saying that gildersleeve was missing and his son asking for help to find his son. and a man on a business trip. aup of these -- all of these people getting ready to go home and go to bed. thank you for joining us. anderson is ahead. >> thank you for joining us. we begin with the investigation into the amtrak crash. and the engineer has agreed to tell them he can't tell them much right now. and whether or not they will help involvers solve what is a mystery crash remains to be scene. we'll have more in a moment. and a accident have a nearby towing company and it is blurry but