of the levees. already, i'm sure, army corps of engineers are discussing how to deal with the water coming in from the arkansas river. all bets are off and the forecast, i'm sure, will change many times from st. louis southward as all-time levels will be reached. >> tom, thank you so much. erin burnett "outfront" starts right now. next, bill cosby charged with sexual assault and free on $1 million bail. into plus, donald trump declaring war calling hillary clinton and jeb bush his enemies. officials warning of threats to new york, washington and los angeles. let's go "outfront." good evening. i'm erin burnett. "outfront" tonight, charged. bill cosby is free on $1 million

bail. the 78-year-old charged with sexual assault. he could go to prison for ten years if convicted. cosby appearing before a judge in pennsylvania today, entering a small courthouse where a female judge charged him with aggravated indecent assault. this is bill cosby's mug shot taken a few minutes after he left court at a nearby police station. he was fingerprinted and surrendered his passport. this was an unthinkable sight after he was the most beloved comedians in america. jean casarez is "outfront" tonight in elkins park. he seemed disoriented, from what i could see. what was his demeanor inside? >> it was that he couldn't really see. he was helped to his seat by his attorneys every step of the way in this very small, very packed

courtroom. she placed him in his seat and he did come alone. he didn't have his wife camille with him. the judge apprised him of the charges and listened intently and he was professional. she reiterated the one condition of the $1 million bail was that he couldn't have contact with the alleged victim. he said contact with -- >> she said, with the accuser, with the complainant and then he understood. he surrendered his passport, it was given to the prosecutor and then at the end the judge said good luck and mr. cosby said, now defendant bill cosby, big smile, thank you. and with that, he left. but it all began minutes later when he arrived right here at the small courthouse in montgomery county, pennsylvania. bill cosby surrounded by media looking frail in a gray sweater carrying a cane arm-in-arm with his attorneys. he stumbled on his way into the

courthouse. inside, standing room only. cosby was guided to the defense table. after his arraignment, the 78-year-old had his mugshot taken. bail set at $1 million. >> these charges stem from a sexual assault that took place on an evening in early 2004 at mr. cosby's home. >> reporter: cosby is charged with assaulting andrea constand, at the time, a temple university employee. she considered cosby, 37 years her senior, to be a mentor, over the months that they met, he invited her to several public and private events. >> mr. cosby made two sexual advances at her that were rejected. on the evening in question, mr. cosby urged her to take pills that he provided to her and to drink wine. >> reporter: according to the criminal complaint, the pills and wine left constand dizzy,

nauseous, frozen and paralyzed. despite her impaired and mental condition, the victim was aware that mr. cosby was fondling her breasts, put his hands in her pants and penetrating her. waking up several hours later with her bra undone, cosby, dressed in a robe, handed her a muffin, walked her to the door and said, all right. constant went to the police about a year later and, again, according to the criminal complaint, cosby admitted to investigators much of what constand had described except saying the victim never told him to stop, never pushed him away, never told him her vision was blurred and never said she felt paralyzed. when directly asked if he ever had sexual intercourse with the victim, cosby gave the unusual answer, never asleep or awake. no charges were filed back then. the district attorney citing the lack of evidence due to the

year-long delay but constand filed a civil suit which resulted in a settlement with cosby. constand is among 50 women to come forward. cosby has repeatedly denying the charges against him and today issued a statement, "make no mistake, we intend to mount a vigorous defense against this unjustified charge and we expect that mr. cosby will be exonerated by a court of law." and the preliminary hearing is set for january 14th. andrea constand's attorney, dolores troiani said that andrea constand is so grateful that this district attorney's office is now putting their confidence in her. erin? >> all right. thank you very much, jean. "outfront" now, paul callan, and stacy hanowitz, a sex crimes

prosecutor. this may be the only one within the statute of limitations, just to make it clear for, well, why is this the only one? how long could bill cosby go to prison if andrea constand wins this case? >> this crime, aggravated sexual assault in pennsylvania, has a ten-year prison sentence that can attach to it. that's the maximum that he would be looking at. >> in his case, he's 78 years old, that's a very long period of time. it's not going to be a slam dunk, though? >> no. absolutely. any rape case in and of itself is difficult to prosecute but you have a case here where you have a celebrity and it's almost like a david and goliath type of situation. in this case it differs because if the state attorney is able to have all of the other women testify against him, if that testimony is admissible, then certainly it makes the case a lot easier. >> that's the question, whether it will be admissible. cosby says he was a mentor to

andrea constand. he gave her ben driadryl. he goes into detail in the deposition. they said there's enough to charge him. i want to read what he said himself that could be very crucial. he said, "i don't feel her say anything and so i continue and i go into the area that is somewhere between permission and rejection. i am not stopped." >> yes. >> is that enough to call that rape? >> well, that's a very interesting question because the standards have almost changed in the united states since 2004 and 2005. >> this happened 2004, allegedly. >> and i'll get in trouble for saying this but it used to be, if a woman didn't say no, then that meant "yes." of course, we don't buy that in america anymore. a woman has to affirmatively consent to sexual contact. if a woman is unconscious and she's not capable of saying "no," it doesn't matter if you

were in the 1950s, that's still sexual assault or rape and that's what the claim is here. >> he has admitted at prior times to giving prescription quaaludes, prescription quaaludes to women with the intent of having sex with him, he always said it was consensual but in this case it was benadryl. can it knock someone out? >> it can have a sedative effect on people. the law doesn't care why you're knocked out. if you're uncapable of saying "yes," knowingly, then it can be a rape or a sexual assault and that's what the claim is here. she says she was paralyzed, she couldn't answer one way or another and there's an additional set of questions in that deposition in which he says, i don't know whether she could content or not. so he, in essence, revealings that he didn't even try to find out if she was saying yes or no. >> stacey, go ahead.

>> when we look at the charges that were filed, new information has come to light. the civil depositions were unsealed and it's his own words that really are weapons that are used against him. when you're physically incapacitated, which is what the state is alleging in this case, you don't have the capacity to consent because you are either unconscious or dizzy and you can't do it. she said there are two prior times when he tried to physically have sex with her when she rejected. what's the purpose of giving her the pills this time? the purpose is to put her in that state where she absolutely can do nothing and then he can perform the sexual assault upon her. so it all kind of makes sense. people might say why didn't she go back? why did he then give her the pills the third time? >> some people would say, she had been there twice, he tried to take her clothes off twice and why did she go back there the third time? >> the cosby defenders are going to come in and say she repeatedly went back and knew what she was going to get into.

you can't drug somebody to the point or give them alcohol to the point where they are so out of it they don't know whether they are saying yes or no. and that's where the center of this case is and it looks to me like it might be a pretty good case. >> stacey, what about those who say this is about getting money from bill cosby and that's the bottom line? what do you say to those people? >> well, she already has her money. you know, you might look at it and say, she already has her money and that's the motive, why is she agreeing to cooperate and still go forward when statute of limitations is running? that's not going to fly. the motivation is not there. the fact of the matter s. you have a woman who has been seeking justice. and when she didn't get it with the state's attorneys office, she said, i'm entitled to file a civil case which is what she did. she has her money. it would be easy to walk away and say i don't want the publicity and talk about what went on privately.

it's a very delicate, difficult time for a rape victim to go into court and when the media, you're in a fish bowl in this case, they are going to know every detail like they already have of what went on that evening. i think the motivation with money is never going to fly in front of the jury. >> his own words under oath in a civil deposition, wouldn't that be ironic with all of the complaints he hangs himself with one page of questions and answers? >> it certainly would. as we said, charged tonight and free on $1 million bail, he has surrendered his passport. "outfront," donald trump declaring jeb bush and hillary clinton his enemies. and the declaration of war from trump is the latest in a year when trump threw out the playbook. our special report. and breaking news, security ramped up in the times square and rose bowl and l.a. there are threats against three american cities. you both have a

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breaking news, ted cruz raises nearly $20 million. it's a massive amount of money nearly doubling the amount of money cruz raised for the rest of the year. it's just in the fourth quarter. it comes as cruz is moving up quickly in the polls second to trump. the front-runner calling his opponents quote/unquote his enemies as rivals. sara murray is "outfront." >> reporter: donald trump warning his political rivals, 2016 is going to be a battle.

>> i consider them enemies. we view this as war. >> reporter: on his last day of campaigning before the new year, trump is coming out swinging. >> and hillary is a disaster. >> reporter: doubling down on his jabs against the clintons and dredging up bill's past indiscretions. >> we had to respond to hillary. she came out with that -- well, she came out -- remember, she wrote -- she said, he's got a -- he's demonstrated a pension. i demonstrated a pension for sexism. can you believe it? me. i did have to mention her husband's situation. and that is now the biggest story on television. >> reporter: when asked tuesday about his own personal life, trump told reporters it would be fair for the media or rivals to investigate his background as well. trump is also boasting about the first parts of his campaign, saying that he'll spend $2

million in advertising in early voting states next month. >> i'm going to be doing big ads in iowa, new hampshire, south carolina and they are going to be very substantial and i think they are very well done. >> reporter: with the rest of the field tearing into each other, trump is using his iconic hair-do to turn into obama's environmental agenda. >> you can't use hairspray because it's going to affect the ozone. let's see, i'm in my room in knew krork city and i want to put a little spray so that i -- right? right? but i hear they don't want me to use hairspray. they want me to use the pump because the other one, which i really like better rather than going bing and it comes out in clumps. >> reporter: and ending 2015 with a parting plea. voters better not let him down.

>> don't sit back and say, trump is going to do well. the more we can win, the more power we have, in a sense. because it's like a mandate. but you've got to go out and vote. >> reporter: and tonight, erin, more warning signs for jeb bush's presidential campaign. his campaign says they are canceling $3 million in ad buys and they are going to use staff into the early voting states. new hampshire in particular will get a big infusion of staff. this gives you a sense of how the campaign is having to make tough decisions as bush's poll numbers flander. erin? >> sara, thank you very much. i want to talk about that big move by jeb bush. donald trump's campaign spokesperson, katrina pierson, is "outfront." katrina, let me start with you. you just heard donald trump there and it comes on the same night that we are hearing that ted cruz raised $20 million in one quarter.

that's doubling what he raised in one year. second now only to donald trump. it sounds like trump is worried. >> no, not at all. everyone is gearing up to get people out to the caucus and encourage voters and this is a really important election, erin. of course donald trump will be out there. every candidate should be. >> chris, what do you think? is it possible that donald trump -- you look at him in the national polls, consistently the front-runner. is it possible that he doesn't win any of these key early states, iowa, new hampshire, south carolina? >> it's very possible, erin. when you look at primary voters that are polled, they say they are going to do one thing, say they are supporting donald trump and may come to the ballot box and not vote it for him because

when national security issues become more and more relevant, like in paris, san bernardino, look at the threats going on for new year's eve, experience, on-the-job training, donald trump, the voters in the early states might say, i don't know if he has what it takes to be the commander in chief. so it's not inevitable that he could win. >> i know of the infrastructure in place, anything could happen. the bradley effect goes both ways. it's been showing their support for fear of retribution for fear from others and there's a possibility for a sland slide. >> at the same time, everybody right now, all of the polls that you cite shows donald trump "outfront" being number one. those same people can go to the polls saying i don't think he has what it takes to be the

commander in chief. the other candidates have momentum in the early states. evangelical vote, going back to the march 1st primary, that bodes well for other candidates, like ted cruz and marco rubio. it's not a shoe-in for donald trump. >> but when you ask them specifics, not just about who you want to vote for but who is the best on the economy, who is the best on isis and foreign policy and who is best as commander in chief overwhelmingly it's donald trump. >> so let me ask each of you, marco rubio held several town halls. do either of these establishment players have a real shot? and when i say establishment, i'm obviously not including ted cruz and his $20 million. i'm talking rubio, christie and

bush. >> i think they have a real shot. the number of endorsements and here's the other point. conservatives look to marco rubio as people that they are comfortable and a conservative candidate who can win. at the end of the day, we want a winner. we look at these polls and they say donald trump is winning and the primary issues. but when it comes down to the general election, i've worked for the last time we had a republican winner in the white house, that's what republicans want at the end of the day. we want a winner. marco rubio certainly can be that winner. chris christie, as you look at national security issues becoming more relevant, when you look at him being the governor of a blue state and being re-elected. >> absolutely not. >> it's a very much a possibility. >> absolutely not. we're in a complete pair dime. none of them support marco rubio considering that he lied about the position he took on amnesty

in his own state. chris christie is number four in his home state of new jersey. the republican party is not going to get an establishment candidate this time and it's not going to happen for a number of reasons because the last two election cycles we put up moderates and establishments and held our noses and voted for them and they lost and we know now -- >> i don't think anybody calls marco rubio a moderate. >> he's definitely a moderate. he's afforded amnesty, lied to the voters, not doing his job. there's not a lot of support for rubio to win this nomination and, more importantly, we're still looking at donald trump and ted cruz at the head of the pact and he's double digits ahead. hillary clinton does not want to win against him and that's going to energize everyone even more. >> five polls, three polls, two polls that show donald j. trump beating hillary clinton. that you can't do and that's the issue for the general election. >> tied in the last two polls.

>> you are both very good at getting the final word. "outfront" next, donald trump rallying voters today. >> right? i want to use history. >> why that comment could actually win him the white house. we'll explain. plus, breaking news, terror targets. the president briefed on new year's threats to new york, washington, d.c., and los angeles. we live in a pick and choose world. choose, choose, choose. but at bedtime? ...why settle for this? enter sleep number, and the lowest prices of the season. sleepiq technology tells you how well you slept and what adjustments you can make. you like the bed soft. he's more hardcore. so your sleep goes from good to great to wow! only at a sleep number store, find the lowest prices of the season. save $600 on the #1 rated i8 bed, plus no interest until january 2018. know better sleep with sleep number.

tonight, donald trump speaking to supporters in south carolina. this time, calling out the president for flying an outdated

gas-guzzling air force one as he rants about global warming. this is one thing that trump is saying that people are thinking. >> reporter: it may be hard to call it the mania now but buried in the gop pack when he first said something about mexican immigrants that pundits thought would crater his campaign. >> they are bringing drugs, crimes, rapists. >> reporter: that was june. by july, his poll numbers were rising. then he went after republican senator john mccain. >> he's a war hero because he was captured. >> blood coming out of her wherever. >> reporter: midwest voters. >> how stupid are the people of iowa? >> reporter: even a disabled journalist. >> oh, i don't know what i said. >> reporter: and he's topped the polls for almost a half year

now. and while other candidates have been burning through their war chests buying ads, trump is only now talking about paying for any tv time. >> i spent less money than anybody else and i have the best result. >> reporter: in almost every way, the businessman from new york is shredding the political playbook while his opponents shake hands in cafes, trump skips the retail politics, roaring in on his private jet to leave massive rallies. >> unbelievable. >> reporter: while other candidates squirm at any falsehood caught by a fact checker, trump who has been called out for false statements over and over again brushes criticism off like a lint on our mind. >> she wanted to breast pump in front of me. and i may have said that's disgusting. i may have said something else. i thought it was terrible. >> reporter: and the hits just keep coming. >> she got schlonged. she lost. >> give may break. >> excuse me. sit down.

you weren't called. >> reporter: campaign wisdom dies hard here in d.c. so each time trump says something that defies convention, the political establishment still says that's it, his campaign will finally be derailed. but they've been wrong every time and for now the trump train is still rolling strong. >> donald trump supporter, jeffrey lord, political director, along with rick wilson representing marco rubio. rick, you heard donald trump. and here's the thing. everybody in the world of pundits thought that each of those things that he said would be the end of donald trump and yet it is not the case. the voters love him. >> a segment of the republican party loves him. a segment of the relationship party are driven by immigration, basically driven by a narrow populous thing and that's gotten a lot of folks in that segment

very excited by donald trump. he's going to eventually collide with having to have votes counted in the coming weeks and the fact that he's going on tv doesn't support the fact that there's no organization in iowa and new hampshire and very little in south carolina and nothing in the s.e.c. states. he's done it brilliantly. but earned media is not the only thing that you do in a campaign and even though he's a celebrity, he's a reality tv star, and people are convinced they know this guy because he's a reality tv star, he's going to eventually run up against campaigns that are actually doing the work. a lot of the campaigns made a fundamental error in the beginning and never really addressed it or never really understood that you had to compete with him in a whole variety of areas. you know, you had to go after him on policy and everything else and not let him play the game that he's played. >> jeff, the reality of it is, he's having all of these people coming to his rallies. they may love what he says but they are not going to show up?

>> well, you do have to have organization, there's no question about that. what he's doing is something that ronald reagan made a point of doing in 1980, which was getting conservative democrat conservatives who were democrats or independents to flock into the republican party and help him go on to win the nomination and the election. but you do have to be organized to do that and it's my understanding that he does have this organization in place. in iowa, he was the first to have a in new hampshire. so he's -- look, one of the things he's done here in terms of his life, separate from politics, is to build the trump organization, his business. you can't do that if you're not organized and you're not organized and i suspect he does know. >> let me play something, rick, that just happened today. donald trump was speaking to supporters and criticized his plan for global warming which led donald trump in the way that can only lead donald trump down

to aerosol hairspray and yet he says it and it makes sense. let me play it for you. >> you can't use hairspray because hairspray is going to affect the ozone. i'm in my room in new york city and i wanted to put on a little spray so that i could -- right? right? but i hear they don't want me to use the hairspray. they want me to use the pump. which i like the other one better. you have to take a shower again because my hair's all screwed up. right? i want to use hairspray. they say, don't use hairspray. it's bad for the ozone. so i'm sitting in this concealed apartment. i do really live in a very nice apartment. right? but it's sealed. it's beautiful. i'm not supposed to be using

hairspray. but think of it, so obama is always talking about global warming. it's our biggest and most dangerous problem. okay? no, no. think of it. even if you're a believer in global warming, isis is a big problem. russia is a problem. china is a problem. we have a lot of problems. >> that in a nutshell is what he was able to do that nobody else was able to do and nobody else has really understood. goes on tangent, seemingly ridiculous and brings it back to his core points and resonates with people and seems to be the most authenic thing that's happening out there on the campaign trail. isn't it? >> look, the guy's like a catskills comic. i'm sorry. yes, it's funny. he's an entertainer but that's all he has. he's not really proposing anything serious in terms of response to isis, in response to putin and in response to the multiple crises around the world that we face. it's all about, you know, the --

trump is a guy who is only about his own internal monologue and it's funny and entertaining and not presidential. at the end of the day, he's not coming back to the real -- >> erin? >> yes. >> that clip you just played of donald trump is exactly why he's running so far ahead. he is a fabulous communicator. instead of going into a long policy discussion about arms control and communism, he called the soviet union the evil empire, you know, taking it straight from "star wars." right there he communicated the essence of the idea of what the soviet union was all about. he does it extremely well and just did it right there. >> all right. thank you both very much. officials warning of threats to three major u.s. cities as new york is preparing an unprecedent police presence. our special report.

plus, the affluenza's team mother now en route to the u.s. from mexico as we're learning that her son, seen on this surveillance video, may avoid any jail time. right now, you're not thinking about all the money you saved by booking your flight, rental car, and hotel together. all you're thinking about, is making sure your little animal, enjoys her first trip to the kingdom. expedia, technology connecting you to what matters.

breaking news, threats of a new year's attack to three major u.s. cities. cnn confirming that security

officials personally briefed president obama about the intelligence. justice reporter evan perez is "outfront" at times square. you're talking about three u.s. cities? >> reporter: that's right, erin. we're talking about here in new york, los angeles and washington, d.c., and the president asked for a special briefing before he left on his christmas vacation. and one of the threats that he was told about was one that came from an overseas sources, a single source. it has not been corroborated but it shows you the threat picture that officials are dealing with. here in new york, one of the first areas of concern is right here behind me in times square. this is where about a million people will be gathering in about 24 hours to ring in the new year and the nypd says that they are going to deploy 6,000 officers here on the streets, here in this area to make sure people are safe. and in los angeles, the big concern is the rose bowl, which attracts obviously thousands of

tourists and visitors, both the parade and the football game. you know, at this time of year, we also hear a lot from the homeland security department. you know, there are no credible, specific threats known about here in the united states. with that said, it's what they don't know about that so much concerns america. >> evan perez, thank you very much. "outfront" now, a former cia operative bob baer. you just heard evan there in times square. about a million people will be there tomorrow night. nypd says it will be the safest place in the world. they actually came out and said that. fair? >> no, erin. it's silly. times square is essentially indefensible. somebody with a suicide vest, hard to detect, you can't run everybody through a metal detector. you can't see these things if you're wearing a coat. at the very least, somebody with a weapon, any sort of bomb. i mean, the new york police are very, very good and they are very sensized to the threat and

at the end of the day, a crowd of people like that, you can't vet everybody and check them. >> i mean, that's pretty frightening about new york, obviously. you've got a million people there. you also talked about los angeles. home of the rose bowl on friday. 90,000, at latest count, how many people can fit in there. how intense does the security have to be there? it was metal detectors that stopped the would-be bombers from getting in in paris. >> exactly. in paris they were lucky that the bombs didn't go off in a more crowded area. if had been in the middle of a lot of people and they were well-made, the bombs, it would have killed people in paris, the same with the rose bowl. you just can't control the ent troes entries to this. it was american air power which took back ramadi.

the iraqis were on the ground and the russians are on the move against the islamic state. they had attacked the day before yesterday and brussels is canceling its new year's celebration because they are worried about attacks. across the world, people are worried about the islamic state or their fellow travelers. >> briefing the president based on an international source, a single source. obviously they are nervous, right but is that also concerning? >> the single source i don't really trust these people. you have fabricators always coming in and knocking on the doors of american intelligence. this may be the case of that. this administration is braced for another attack. we just have to face that and it got cut short on somebody when they said we know of no specific

threat. so many people have managed to fly under the radar or so many people traveling from europe. >> thank you very much, bob baer. "outfront" next, the mother of the affluenza team being deported to the united states. we just found that out moments ago at this hour. we are learning, though, that the teen may be able to avoid any prison time at all. and steve jobs, as you've never seen him.

breaking news, the so-called affluenza teen's mother is on her way back to the united states at this moment. her son, who killed four people in a drunk driving crash, is still in mexico and fighting to stay there. it could be months before ethan couch comes back to the u.s., which could mean he escapes serving any prison time in the united states. ed lavandera is "outfront." >> reporter: just hours before ethan couch and his mother tonya were supposed to board a flight for texas, the latest twist in the teen saga emerges from the mexican facility where the pair is in custody. the couches hired attorneys to fight depor trags but we've learned that she's being deported tonight while her son is staying in mexico for now. >> it seems to me, if they

wanted to, they could pay him as much money to drag this out as long as they want to. >> reporter: texas authorities saying 18-year-old and miss mother took off in their truck showing couch at a party with alcohol, violating the terms of his probation. even couch in the resort town of puerto vallarta. abc news showed this footage of them inside a butcher shop a few hours before therm taken into custody monday afternoon. they looked relaxed and at ease in the video but texas authorities say that the couches were looking at a lifetime on the run. >> when he tried to cross back in, he would have been arrested so he was, at best, looking at a life of exile. no way that he could come back to texas or the states, for that matter. >> reporter: ethan couch is supposed to be in a texas courtroom on january 19th.

prosecutors are hoping to move his case from the juvenile system to the adult system and now prosecutors aren't sure if that hearing will take place if ethan couch isn't isn't back in the country. >> i hope that i seem like i recognize the seriousness of this man's misconduct, and his mother's misconduct and i hope that i sound like we're ready to deal with that when he gets here. >> reporter: u.s. marshal officials who helped track him down say it will probably take awhile to get ethan couch back. >> everything changed to we don't know when they are coming or where they will land. >> obviously things changed significantly in the last couple hours with tonya couch we're told on a commercial flight from mexico to los angeles first and she's being escorted by u.s.

marshals, would be escorted by two to four mexican immigration officials and she would be turned over to the u.s. marshal service who would then bring her back here to fort worth. she'll be handcuffed as soon as she lands on u.s. soil and fort worth authorities are ready to charge her with a felony count of interfering with the amp hence of a juvenile fugitive for which she pafaces up to ten yea. >> faces up to ten years. is that reasonable or is that sort of on the maximum end, she could be looking, you know, like he was, right, at a few months. >> i think it's really a stretch to think she'll do ten years. i mean, whatever you want to say, she's a mother worried about her kid and helps him go to mexico. they are not going to give her ten years. she could wind up with jail time and there will be a serious punishment attached. >> what about him? he's not fighting coming back to the u.s. to make it clear that he was -- this was as a juvenile.

basically, he can only go to jail until he turns, 19, i believe, in april. >> which is in about 120 days. >> right, so that's the maximum he could serve. if he's able to avoid coming back to the u.s. for that long, he might avoid going to prison here at all. >> that's very true, he could. what will happen, he's not going to walk away because he'll be transferred to an adult supervised probation and then if he commits another offense, he'll end up in an adult prison in the united states. yes, he could wind up having no jail time in the u.s. and one other thing, though, if they put him in a mexican prison, which they have the right to do, there is a u.s. warrant to hold him, he may spend some bad time in a mexican prison and may decide to wave extradition and come back to the u.s. that's a possibility. i bet that's how it resolves. >> still so shocking to remember how this started killing four people in a drunk driving accident and how little, how little he has had -- >> he gets this great break,

life gives him this wonderful opportunity to rebuild his life and throws it away. >> it is shocking and disturbing. thank you very much. "outfront" next, he was a genius and visionary. ahead a look at a rarely seen side of steve jobs. this is the best block of all.

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tonight, apple about to have its first down year in terms of stocks since 2007, that's a pretty bad thing and it's in part over worries about the apple watch but remember, the watch was not a steve job's creation which headacmakes you what would he have done to fix the problem. >> i used to like intel's advertising and called him up and said who does your advertising. he said regis mckenna. >> reporter: the documentary "steve jobs" gives a look how jobs rose to become the most influential ceo of modern history. >> today apple is going to reinvent the phone. >> reporter: his passion on

display over the legendary keynotes ignited as a teenager overseeing a computer in early hewlett packard up close. >> i went to hewlett packard's lab every tuesday night and spent every spare moment i had trying to write programs for it. i'm so fascinated by this. >> he had a knack particularly with magnificent presentations. >> the screen literally floats in midair. >> he was brilliant and incredibly smart and had a way to understand the way he could almost sense what we wanted before we wanted it. >> it was the hardest they ever worked. >> the director says there was another side to steve jobs, brutal how he dealt with people and that side of him is important fully understanding his brilliant but complex personality. >> he's seducing you. he's vilifying you, and he's ignoring you. you're in one of those three

states. >> reporter: bob was part of the original team and the climate he explains took a heavy toll. >> i ended up changing my entire life. i lost my wife in that process. i lost my children in that process. >> because the work became so intense? >> the work was intense. the commitment needed to do it was intention. >> reporter: steve jobs died four years ago as the director points out the death was similar to the passing of john lennon or martin luther king. >> why with we weeping for steve jobs? >> reporter: dan simon, cnn, san francisco. >> and the cnn film "steve jobs, the man the machine a" area thi sunday night and tomorrow be sure to ring in the new year with those two crazy folks, anderson cooper and kathy

griffin. and thanks so much for joining. happy new year, ""ac 360" "begins right now. good evening. i'm jim sciutto in for anderson. we begin tonight with breaking news. as the year ends, a terror threat looms. top u.s. security officials bereav briefed president obama about possible attacks here in the u.s. on three cities, new york, washington and los angeles. we should point out officials say the threat is uncorroborated at this point based on a single source it does not mention specific locations in those cities, however, with new years eve just a day a way with the big crowds that gather to celebrate it, and given the global concern about the capabilities of both isis and al qaeda, officials are taking this threat