human-size water balloon because edge does that on weekends,ing right? the balloon popped. you can see this in super high-def slo-mo. now, watch this. unbelievable. don't do that at home. thanks of being part of "the real story." hillary clinton may have a swing state problem on her hands. we have new polls and they reveal that republican candidates are leading in key battleground states over secretary clinton. and those same polls show donald trump has an issue of his own. there is stunning news from the shooting in chattanooga. investigators now revealing the gunman made it all the way inside a building before somebody killed him. and that's not all we just learned. we'll fill you in. and we've heard from bill cosby's accusers for years but getting bill cosby's side has been very difficult. today, a rare opportunity as

bill cosby's lawyer will join us live here from the fox news desk. i'll ask about quaaludes and rape and secrecy and lawsuits. so let's get to it. >> announcer: now, shepard smith reporting. hillary clinton is trailing to republican rivals in a few important swing states this afternoon. that's the finding from a brand-new survey from quinnipiac university. in it most voters say they do not trust the democratic front-runner. the polls show in iowa were the election held today, secretary clinton would lose to republican candidate jeb bush or marco rubio or scott walker were one of those her had opponent. here you see the points. each candidate has over secretary clinton. of course iowa holds the first makings of a presidential

contest. in iowa, the quinnipiac shows that hillary clinton comes in behind the same three republicans but governor bush's lead is in the margin error. and in the state of virginia each gop candidate is ahead, again in a hypothetical one-on-one matchup today. the polls just say all three matchups are really too close to call. analysts say it's still notable because voters there elected longtime clinton friend and fund-raiser terry mcauliffe as governor. in each of these swing states voters said they do not think hillary clinton is honest and trustworthy. of course it's still early and three states to win the white house. if the poll is threatening to the hillary clinton campaign it's equally for donald trump. leading the national polls for gop nomination has the worst favorability rating of any candidate in those swing states.

voters in iowa colorado and virginia said they ewe donald trump unfavorably by a margin of 2 to 1. pollsters said they did most of the survey before donald trump talked about senator mccain's war record and most did before donald trump centered out lindsey graham and gave his phone number out on live television. >> i don't reget it. he calls me back. you have to fight back. i'm trying to be nice. i'm a nice person. >> trying to be nice. the latest spat came after senator graham called trump the world's biggest jack ass for trashing his bff john mccain. and then trump gives out the phone number. the woman who answered the call

did indeed confirm it was graham's office. then she hung up. today, graham put his phone in a toaster and dropped it off a roof. and how are they reacting to the poll numbers simply not good in three big states? >> that's right, they're trying to tell me some of hillary clinton advisers this is an outlying poll there have been another of polls around the country suggesting in hypothetical matchups with republicans, hillary clinton was either tied or leading the republicans but the quinnipiac experts say when you look deep into the numbers this is a real problem for hillary clinton. compared to the last time they did this in april, in various battleground states. she's come down in terms of favorability and honesty and trustworthiness as you noted. and this is a wake-up call for the clinton camp while carly

fiorina said it's a wake-up call for the republicans, too. >> it is hillary clinton we have to beat. so maybe it would be nice to take a shot at her occasionally as i have been doing for months. >> they're going to be close. they're going to swing back and forth between november 2016. this certainly isn't where the clinton campaign would want to be. but they're in the thick of it in all the states. >> and carly fiorina's point may be most coachent here entcoatent here. and every day they're talking about the economy, jobs middle class which clinton wants to talk about, they think it is good for clinton. >> hey, done be in the debates and can't run for president officially and legally in the end unless you file your financial disclosure. now, we have donald trufr's financial disclosure. and there's a lot of it. >> i've got about is 92 pages here. he has a lot of positions. over 500 positions held with

various stocks funds and also corporations that he has all around the world. some of the golf properties are listed on here. bottom line trump is worth $10 billion. >> $10 billion it is. of thank you, ed henry. so i mentioned that senator graham apparently has a sense of humor and he did a lot of things with his cell phone. what did he do? >> the independent journal review posted this today entitled how to destroy a cell phone with lindsey graham. he starts out with a blender. gets creative. sets it on fire goes golfing. >> with red bull. >> it is definitely spectacular and creative. i guess he had a full day to think about this. >> well this did not get shot instantly. this took some time.

ooh. dead center. >> this is my favorite. >> why did he do this again? >> he did it because donald trump gave his phone number out to all the people on his rally and the national media that was there. so he needs a new number and new cell phone. in the end, he said can always just give your number to the donald. >> one thing that's a little disturbing -- he has a flip phone. >> maybe he's more hip than we think. >> do you think it's the same phone? have they ever been seen in separate places? >> no. that's an amazing conspiracy. >> how did you even know that? >> i read things online news. it happened across the twitter -- >> the twitter desk? >> yes. breaking news we're expecting to hear frankly at any moment now from the attorney general loretta lynch. there was a news conference set to start seven minutes ago it

should be happening any minute. but is this going to be big news. we've gotten word that she will announce federal hate crime charges against a suspect in the south carolina church massacre. dylann roof told his victims that he was trying to start a race war, when he did so when he shot nine church members inside that building. the effect of hate crimes charges would be what? >> first of all, sends a message that the racial component of this is going to be prosecuted also because south carolina does not have a hate crimes prosecution law. excuse me. so the federal government can bring those charges and address the components of it. a lot of times, it's hard to tell if that is racial. here there was an online manifesto tied to dylann roof. he will be prosecuted for murder in state court. >> there was a survivor though who spelled out what it was he

said. it wasn't that he wanted to start a race war. you can agree with or disagree with the idea for instance capital punishment or with this case hate crime laws. when they simply know it exists if there's ever been a hate crime, this has all the other elements? >> absolutely. even though the case is so overwhelming in the state court. you have the confession the online manifesto, the witnesses, you never know what's going to happen in a case. there could be some technicality there could be that one in a jury that acquits with overwhelming evidence. you have this backup that he can be prosecuted and face the death penalty in federal court. >> now generally speaking there are two reasons under the statutes that hate crime law would apply. could you go through those? >> right. well, first of all, it would apply if there was some racial motivation. you might want to address that. and it would enhance the

punishment. the other is if the state prosecution isn't done right or the federal government with the states the prosecutors are addressing what happened. so the federal government maintains that we're going to step in for whatever reason and we're going to prosecute this case under the racial motivation hate crime laws because the state courts didn't do the think thing or didn't end up with the right result. the reason is it's a fail-safe. just in case the state court prosecution doesn't lead to the right results you have the federal government also able to prosecute him. >> and bigger picture, it sounds like this one, you said off the top, the federal government is trying to tell us something that everybody in their right mind already knows? >> right the racial part of this has to be addressed. although south carolina is prosecuted him for murder he's going to probably face the death penalty, although that hasn't been announced yet. the federal government is going to address the racial components of this kill which is extremely disturbing and south carolina doesn't have the hate crimes law to prosecute under that theory.

>> the accusations are really striking if you break them down. this man had no beef with any individual by anything we've ever heard. he had no beef with that particular facility. >> right. >> or the people of that neighborhood or the people of that community. had no real beef with anything that -- particular lawmakers or leaders in this particular facility had. he had a beef with a race. >> right. >> and decided not randomly to take it out in this place, where race had been such a dividing and earth-shattering changing series of moments, over more than a century. in this spot. it's hard to imagine a more heinous place or a more heinous crime to take place. >> right. this online manifesto addressed that and shows he's aware of that. a lot of times in hate cases it's hard to prove beyond a reasonable doubt, if you have a

white person kill a black person you may think that race is motivation. however, in this case we have overwhelming evidence that there was racial motivation. his state at the scene. his targeting with the black church. his online manifesto. unlike the normal hate crimes base that's difficult, is this powerful for the federal government. >> we have in his own words in many different ways. you mentioned the manifesto. >> right. >> also the witness who is frankly a victim as well. >> right. >> and the speech of others it seems almost open and shut. >> it is open and shut but as we said before you never know what's going to happen the judge can give an incorrect jury instruction that could lead to unsuccessful appeal. so you have this federal prosecution remain probably after the state court prosecution just in case. >> a live look at washington at the department of justice. again, this news conference is running a little behind. we do want to hear the sector's

secretary's words why this would be prosecuted as a hate crime and what has led them to that specific. in other news the iranians have now confirmed that the issue of the americans held captive there did come up in nuclear talks, so they discussed it. is tehran going to let the americans go anytime soon. more from planet blago as well. and you've heard so much about the bill cosby case, we've heard woman after woman. but we've never heard from the bill cosby side of the story. today, we will one of the attorneys will be with us live in this news hour. and i'll about all of it, thank you.

benny's the oldest dog in the shelter. he needed help all day so i adopted him. when my back pain flared up, we both felt it. i tried tylenol but it was 6 pills a day. with aleve it's just two pills, all day. now i'm back! aleve. all day strong. secretary lynch now today, the attorney general actually to talk about the charges in a south carolina shooting in a black church. >> we're here to announce that a federal grand jury in south carolina has returned a 33-count indictment against dylann storm roof charging him with hate charges, in killing african-american parishioners in charleston south carolina. because of their race and in order to interfere with their exercise of their religion.

within the indictment several months prior to the tragic event of june 17th we've conceived of his goal of increasing racial tension out there the nation and seeking retribution for perceived wrongs that he believed african-americans have committed against white people. to carry out these twin goals of fanning the racial flames and exacting revenge, roof further decided to seek out and murder african-americans because of their race. an essential element of his plan however, was to find his victims inside of a church. specifically an african-american church to ensure the greatest notoriety and intention to his actions. as alleged, roof set out the evening of june 17 2015 to carry out this plan. and drove to the episcopal church in south carolina known as mother emanuel. mother emanuel was his

destination specifically because it was an historically african-american church of significance to the people of charleston of south carolina and of the nation. on that summer evening, dylann roof found his target. african-americans engaged with worship. he joined them with their bible study group. the parishioners had bibles dylann roof had his .45 glock pistol. while the parishioners of mother emanuel were engaged in worship and bible study, dylann roof opened fire and ultimately killing nine church members. the state of south carolina is also prosecuting roof for murder attended murders that he is alleged to have committed.

we commend the authorities for their quick response. it's important to note however, that south carolina does not have a hate crimes statute. and as a result the state charges do not reflect the alleged hate crimes sentence presented in the federal indictment today. specifically the federal indictment returned today charges roof with nine murders and three attempted murders under the matthew shepard and james bird hate crimes prevent act. this federal hate crimes law prohibits using a dangerous weapon to cause bodily injury. or attempting to do so on the basis of race or color. the shepherd/bird act was enacted to specifically indicate the unique harm caused by racially motivated violence. roof is also charged with nine murders and three attempted murders under a second act to

have struck any person free of exercise of their religious beliefs. finally, roof has been charged with multiple crimes of using a firearm in the racially motivated murders. at the faces life in prisonment or the death penalty. i note no decision has been made on whether to seek the death penalty in this case. the department will follow our usual rigorous protocol to further consider all the factual and legal issues relevant to that decision which necessarily will involve counsel for department roof. in addition consultation with the victims' families is an important and vital part of this decision making process. and no decision will be made prior to conferring with them. the family members of those killed at ame and the survivors were informed of these federal charges earlier today. i would also note that this indictment continues allegations without evidence to the defendant's guilt. as you will recall this federal

grand jury indictment follows an announcement that i made on june 18th 2015 that the department of justice was conducting a hate crimes investigation into the shooting at emanuel ame. immediately following that the experienced prosecutors in south carolina along with experienced attorneys from our civil rights division began working closely with the fbi, atf, state and local law enforcement officials, including the south carolina law enforcement division or s.l.e.d. the charleston police or the commissioner's office in thoroughly investigating these crimes. i would like to thank the many state and local law enforcement officials for their dedication and hard work to make sure this investigation was conducted thoroughly and expeditiously. i would also like to thank south carolina district attorney bill nutle for his tremendous efforts in this case as well as the

dedicated attorney from the civil rights division. in particular i'd like to extend my thanks to charleston solicitor scarlet wilson. we have a strong relationship with solicitor wilson and her office and look forward to collaboration as they work their way through the respective court systems. thank you for your attention. any questions? [ inaudible question ]. >> that hasn't been determined yet. we're working cooperatively with solicitor wilson. both cases will proceed through the court system. we will both work to reduce necessary burden to the family. >> besides burdens on the family what other factors are there? >> there are any number of factors. we will consider how the case is progressing through the sentence and essentially how the judges

are reviewing the cases. both cases are in early stages. we've yet to have motions at this point, it's difficult to say how that will impact. >> were domestic terrorism charges considered in this case? can you elaborate on that decision? >> as you floshgsuyou know there is no domestic terrorism statute. however, hate crimes and the behavior alleged to have occurred here is the type of behavior that fits that purpose. we have a defendant who is alleged to have harbored discriminatory views against african-americans, and had sought out a house of worship bun particularly known for its age. and we think that this is exactly the type of case that

the federal hate crime statute were in fact conceived of to cover. racially motivated violence such as this is the original domestic terrorism. >> 2015 the fact that these people are dead today because of their race that's in fact what you allege. can you speak to where we stand and what that says? >> i think that this is obviously a tragic situation. this is obviously a troubling situation, as the allegations in the indictment reflect the mind-set of this young man. and his specific purpose to target individuals for death. box of their race. but also to target individuals for death who are in religious worship as well. i think we have to remain vigilant about these matters. we certainly don't know much more about the defendant. the investigation is ongoing

into a host of matters including those motivations. the message that should be clear to this is is that the federal government and our state partners are committed to investigating these matters fully and thoroughly. and where we have racial motivated violence committed to act on. >> ma'am, it's true that he targeted mother emanuel specifically because it were an historically african-american church in the south carolina nation. how do you know? how do you know that's why he chose that church as opposed to any african-american church? how do you know the national significance of the church? >> i'm not going to comment on specifically the evidence that will come forth in a trial. except to note that we believe the evidence will support the allegations that roof chose mother emanuel because it was an old church historic church and that it was historically significant as one of the oldest african-american churches not just in south carolina but in

the nation. and he was looking for the type of church and the type of parishioners whose death would in fact draw great notoriety for his racist view us. >> i know in your remarks you use the language "because of." i'm wondering as you present a case like this to what extent can all other factors be precluded. if a defense lawyer gets up and says actually he hates everyone in the world. he hates his mother he hates gays and what impact would that hold? >> hopefully, we would not be receiving information like that although we would certainly act on it if we did. wherever the possibility of multiple motivations, you also have the possibility of multiple charges. as you will note the charge appears as specifically racially motivated violence in the murder and attempted murders at mother

emanuel. but also the federal hate crimes statute that prohibits using violence to prevent anyone from exercising their religion. that's not tied to race. it's tied to the exercise of religion. we see here for example, activity that supports allegation of more than one intent as well. now, with respect to issues that we raise about the defendant's state of mind of course all of that will be taken into consideration, as this case goes forward. i'm not able to speculate now as to what impact any other factors would have on the case. >> the attorney general asked questions after delivering information that a grand jury in south carolina a federal grand sure has returned a 33-count indictment against dylann roof. the man accused of shooting up a church there in south carolina and killing nine african-american worshippers, killing them box of their race and to interfere with the practice of their religion. dan schorr is here.

interfering with practice of religion that's not one that came to mind until today. >> right, under the federal hate crimes statute, facing charges of interfering with the free practice of religion. and he's also being charged with weapons charges because of using the weapons that he used doing the killing. >> hollow point bullets. if there's been a reference to that. our research team can't find it. you're out to kill when you use weapons like that. >> this crime obviously shocked the nation. shocked the world. that's why you're seeing not only the state charges that may lead to the death penalty but federal charges that may lead to the death penalty. >> in the matter of who is first, the state or the fed, there's a pattern here isn't there? >> usually, always the state goes first. but the federal government has a right if they wish. you would expect the prosecution to go forward. and the federal prosecution can still go forward in court but you probably wouldn't see a trial in federal court until the

state court presented their case. >> how would you defend this guy? >> these case where is there's no factual defense, you almost use a insanity defense. you can't say it's mistaken identity. in the colorado shooter issue you see the insanity -- it's hardly ever successful. but that's really the last resort when someone is just caught with a confession online manifesto. people know he did it. >> will we hear from this guy at some point? >> he might testify in his own defense. >> he can if he wants to? >> he can if he wants to. he may plead guilty to take life in prison in order for the death penalty to be removed. that often happens. i think it's up to the state prosecutors and federal prosecutors. >> the prosecutors would have to say yeah if you plead guilty, we won't put you to death. >> right, there will be life in prison. for possibility of parole the

family of victims would have to agree to that. not legally, but in practice. that's the kind of negotiation you sometimes see in a mass murder like that. >> would that surprise you here quite frankly? >> it's unusual, but if the family wanted and it spares the family of having to go through a trial that they didn't want to. you might see that. >> who can forget the family members of this church and the family members of those gunned down with bibles in their hands. who can forget the families coming forward in the very early days i forgive you. >> it was amazing, they were saying right away i forgive you. i can't imagine feeling that way. they must be so strong. but the nation and prosecutors, they're going forward, and the death penalty is still an option. and you're probably going to see them at least initially say they're going the death penalty. it can later be taken off the table. >> thank you. we're learning more about the gunman in last week's

shooting deadly rampage, that killed five servicemembers new details about how one servicemember fought back. you have heard about this? it is new today. we've got the details for you, coming up.

headlines across america in a fox per inspect tuesdayreport. surveillance video captured all of that east of dallas. police said they caught the injured suspect. but the other two still on the loose. no word on how much they stole. south carolina a man arrested for setting off a bomb at a car wash may be responsible for other explosions nearby. that's according to sheriff's deputies northwest of charleston they say nobody got hurt. one coast guard rescuer jumped from his helicopter into

the water to save four men after their fishing boat ran into the rocks. one by one, he swam each of them to shore. braving strong winds. the petty officer said he swam nearly a mile without a life jacket. now, everybody is safely back on land. the news continues next. ♪ ♪ hp instant ink can save you up to 50% on ink delivered to your door ...so print all you want and never run out. plans start at $2.99 a month. ♪ ♪ the most affordable way to print. hp instant ink.

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hey. crab cakes, what are you looking at? geico. fifteen minutes could save you fifteen percent or more on car insurance. the chattanooga tragedy now. investigators say they believe the gunman in that deadly chattanooga shooting rampage acted alone. and they're treating him as a quote, homegrown violent extremist, end quote. that's according to the special agent in charge of the knoxville division. he said it's too early to say whether the shooter was radicalized in any way. many officials ceylon wolf extremists are the worst case scenarios, as they put it because they're untraceable to known terror suspects. the fbi sergeant in charge also said that one servicemember opened fire on the gunman and that the shooter made it inside

the building. we didn't know that until today. investigators say the gunman died in a fire fight with chattanooga place. let's bring in a former chief the counterterrorism operations at the fbi. also served as the assistant director. the third highest position in that agency. good to see you again. >> nice to see you, shep. >> you warned about these people. i don't know what we can do to stop them do you? >> we'll never be able to stop them all, we can prevent a lot of it. we start out over the july 4th holiday, where the united states the intelligence that they gathered were able to stop a lot of these. and we'll continue to do that. but the idea that we can spot every single last one, especially when it's somebody acting alone and acting secretly is probably never ever going to be possible shep. >> for people in that community who say, man, we should have been able to catch something.

somebody in that community going i should have i could have i would have. can you find any of that could have should have would haves? i can't. >> maybe somebody who should have would have could have and didn't in retrospect sometimes, you find that somebody might have been sit on a piece of information and coming forward. it doesn't sound like he did indicate to indicate theed mecy immediacy of the threat. if anybody would have stopped him that's a much more difficult proposition. >> in many cases there's an uproar over labels people want people labeled. that productive, and if so what does it mean? >> the i think so.

the fbi is using a legal standard proof beyond reasonable doubt. and that's fine in a courtroom. there's also the standard of common sense. when you look at this case where you know about the individual what you see of his life and activities leading up to this it's reasonable to assume and to believe that he was motivated by islamic ex trialism. that he's a jihadist. we can't lose that focus. i think as this investigation unfolds, one of the most important things and the fbi is pulling a lot of resources with this will be the forensics, who he contacted online what websites he was looking at. and i think that will be very telling. we hurt the fbi director not that long ago, testify about the outreach. and that they were reaching out over the internet and using other technology to kill kill kill. and it sounds like this individual certainly absorbed that philosophy and acted on it.

>> even if he didn't that philosophy is out there, and they want you to hear it it's not to say that the next one won't. steve pomerantz, formerly of the fbi. 600 agents on this case. incredible. a live look at lyle illinois. we've just gotten word. this is a chicago suburb. and breaking news for you. the attorney for sandra bland's family set to give a news conference any moment now. you may have heard about sandra bland. she is the woman she was in the middle of a traffic stop in the state of texas. it's videotaped you may have seen some of it online or somewhere. and they took her to jail. not exactly completely clear why they arrested her in the first place, frankly. but she was in jail when she died. and nobody seems to know exactly how that happened. officials there say she hanged herself with a plastic garbage bag inside her jail cell.

her family says she would never have killed herself. they're treating this as a murder investigation. so you do everything you can, in case later something comes up and suggests that it was. although the d.a. adds and it's too soon to know what happened in that cell. now to the stop itself investigators today released a dash cam video of it. saying the woman among other things that no she didn't want to get out of her car and she didn't want to stop smoking her cigarette. which apparently each is legal. a trooper pulled his taser and said i'll light you up. the trooper stopped sandra bland for failing to signal a line change. the whole thing escalates when he asks her to stop smoking. >> would you mind putting out your cigarette, please if you don't mind. >> i'm in my car, i'm not putting out my cigarette. >> you can step out now.

>> i don't want to step out now. >> step out of the car. >> step out of the car. step out of the car. >> do you have a right to do that? >> i do have a right? now step out or i will remove you. >> i refuse to talk to you. i can get removed for a failure to -- >> step out or i will remove you. i'm giving you a lawful order. i'm going to remove you. i'm going to yank me out of here. >> okay you're going to yank me out of my car. okay. all right. don't touch me. >> get out of the car. >> don't touch me. i'm not under arrest. >> you are under arrest. >> i'm under arrest for what? >> 25 -- get out of the car. >> 298. >> get out of the car now. >> why am i being apprehended? >> i said get out of the car. >> why am i being apprehended? >> i'm going to drag you out of

here here. >> you said you're going to drag me out of my own car? >> get out of the car. i will light you up. >> wow. >> wow. >> get out of the car. >> get over there. yeah right. >> this sort of thing continues off camera. but the dash camera shows the two yelling at each other. sandra bland curses at the trooper a few time. amateur video shows her on the ground. and the trooper holding his knee to hold her there. she screams he's about to break her wrist. the trooper said she was being combative. she was swinging her elbows and he's now out on leave. and now she's dead.

there were questions that somebody edited that but from it it doesn't seem so? >> no you could hear the audio fully, but there are portions of the tape where it glitched if you will. and some sort of suggesting it was manipulated in in way, dps tells me absolutely not, that the glitches came from an error in the uploading process and a clean version replaced it. all of this adds to the skepticism behind what happened to sandra bland. her family said the 28-year-old was excited about starting a new job in houston. she had just moved there and had no reason to take her own life. according to the harris county medical examiner's office. the primary death has been ruled a hanging. but the official report has not been made public just yet. the family is calling for an independent autopsy since they suspect some sort of alleged cover-up here. again, we're expecting to hear from her family any minute in

the chicago suburb shepard. an attorney for bill cosby joins us live. one day after they asked a court to keep his settlement. across america, people are taking charge of their type 2 diabetes... ...with non-insulin victoza. for a while, i took a pill to lower my blood sugar but it didn't get me to my goal. so i asked my doctor about victoza. he said victoza works differently than pills and comes in a pen. victoza is proven to lower blood sugar and a1c.

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pain. smash it! make the call and ask your doctor if jublia is right for you. new larger size now available. 12 minutes before the hour. bill cosby fighting back in a new legal filing claiming inaccurate media accounts are damaging his reputation. just days ago "the new york times" newspaper and the associated press report they have obtained a full transcript of a decades-old deposition of bill cosby after a woman accused cosby of sexual assault. now the attorneys are asking a court keep that settlement confidential. cosby said he never gave quaaludes or any other drugs for the purpose of molesting them. the files claims cosby quote it

nothing more than many people who introduced quadaludes into their consensual sex lives. bill cosby and his attorneys claim that the woman is now trying to smear the comedian. prosecutors have not charged bill cosby with any crime. he's denied the accusations repeatedly and throughout. monique presley joins us now. she's a motivational speaker. nice to have you. you're asking the court to compel the parties to do what? >> well the first thing we asked for in the filing last night was the plaintiff's motion to strike -- the plaintiff's motion be stricken. and that motion was trying to get something done already through other means has happened. in other words, they were going to the court and saying please unseal the deposition. >> but we've seen it now, so why

do you care? i'm just curious? >> well because there was still a motion on the books asking the court to take action to enjoin the defense for that to occur and for other so it's something that now, one, is not necessary. and two, is not justified. because the other thing that we argue confidentiality agreement that the parties entered into many years ago has now been violated. we will be asking for further relief. but because we're trying to adhere to the confines of the agreement we're seeking that relief through a magistrate judge. >> by definition when you seek relief you are saying that your client is the victim here that bill cosby is the victim of the accuser? >> well you can use the word victim but it's not really the right word to use if we're talking about a court process. we're saying the parties made an agreement. >> but if you are asking for relief from damages then your client is by definition the victim? >> it means that the client was

injured and that something was done that should not have been done. >> what you are claiming are you not counselor, is that in this particular case for the purpose of this discussion that bill cosby is the victim correct? >> no. if you insist on using the word so we can move to the next question i'll say that you have your words and i have mine. >> i think mine's accurate and yours probably are too. did your client tell the truth in the deposition? >> listen the deposition was under oath and mr. cosby gave very, very candid testimony that went into great detail and that testimony is what we're asking everyone to pay attention to now. to not just do an excerpt of a question and one answer but since 1,000 pages are out there which we were not hoping would happen but now that it has we're asking people to look at it. you will find that one, mr. cosby denies any criminal wrong

doing and noncon sexual sex and given the parties quaaludes. >> i have a limited amount of time and i have questions and right now i have to hit a commercial. we'll be right back after this. you tap the bumper of a station wagon. no big deal... until your insurance company jacks up your rates. you freak out. what good is having insurance if you get punished for using it? hey insurance companies, news flash. nobody's perfect. for drivers with accident forgiveness, liberty mutual won't raise your rates due to your first accident. see car insurance in a whole new light. liberty mutual insurance. when i started at the shelter, i noticed benny right away. i just had to adopt him. he's older so he needs my help all day. when my back pain flared up we both felt it i took tylenol at first but i had to take 6 pills to get through the day. then my friend said "try aleve". just two pills, all day.

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continuing our discussion with monique presley who joins us attorney for bill cosby and live with us. again thank you. >> thank you for having me. >> certainly we were talking about the deposition and gotten to the point of his admission that he used drugs, specifically quaaludes. was it his testimony that he used them in an effort to help seduce women? >> the testimony was that he gained access to a certain number of prescriptions for the drug quaaludes which was a legal

substance that was used often during the seven days as was known as a party substance. >> legal. >> legal, yes it was a legal substance. >> you're allowed to use drugs prescribed to you, only you're allowed to use them and not give them to someone else right? >> who is allowed to use drugs only prescribed to you? yes. he admitted in the deposition he received the prescription and that he said that it was for back pain. he was very candid. when you're looking at the verasty of a person's testimony you're looking at his candor about the manner in which he received them, what he used them for and he wanted to have them on hand. that it was part of a consensual sexual relationship that he had with another adult. that's another thing that to me is important, that now instead of talking about criminal activity or alleged criminal activity -- >> counselor, he used them on these women and then they fell

asleep and then they had consensual sex, correct? >> no that's what you're saying the facts are and you're conflateing the testimony of the accusers and mr. cosby. >> it is certainly without question the media's fault. i would like to back up. first you are seeking relief against a party on behalf of your client and by definition that makes your client the alleged victim. that you will not even admit to. in addition we're talking about the giving of a drug prescribed to bill cosby and for bill cosby under the law to someone else in the act of sex and you want to insist it was for consensual reasons. counselor if your children had been subjected to this man, would you want more than you have gotten? >> moving to an inappropriate question about what counsel for bill cosby would do in my own personal life is part of the problem the way we have a

dialogue in these cases. we go away from the facts of the case and what's in the legal documents and go to the emotional. i'm not here as the individual i'm here as counsel for mr. cosby and what i'm saying is that instead of talking about the criminal activity of which there is no charge and no proof, we instead now are talking about the partying habits the lifestyle of a man 40 years ago. >> let's listen to one woman who spoke on -- >> it's history, not news. >> it's not history to this woman. listen. >> he raped me in the apartments. that time was the most vivid that i can remember and then in atlantic city which was the final experience after coming to i was coherent enough and i had angered him to a point where he came at me like an animal and viciously tried to rape me and smothered me and put his hands around my neck. >> is she lying? >> the allegations by whomever

the person was i could isn't see the person. >> barbara bowman. i'm sure you're familiar with her. >> have been denied by mr. cosby. i'm not calling anyone a liar, i think there are enough of defamation suits. what i'm saying is that the things that she is saying happened did not occur. and the place that this should have been resolved would have been in a courthouse. the place that this should have been handled would have been through the police. but because we've had delays of 10 20 30 40 years and people coming forward with what they say are truthful accusations we don't have the opportunity, one, for them to actually suggest this is the way the united states justice system works, nor, two, for mr. cosby to put forward a defense. instead of doing what we all have the right to do as americans which is go to court to prove the truth or the innocence of a matter -- >> this case can't go to court

and a lot of women wish they could go to court. >> herk not be blamed for that. >> thanks so much for coming today. >> thanks. i'm glad to be here. >> i'm shepard smith in new york. hope you have a great afternoon. welcome everybody. cities have tried it. municipalities have tried it. towns have tried it. colleges have tried it. university systems have tried it but today new york state is one step closer to enforcing it. an entire state. we're just getting word now that the push for a $15 minimum wage has been essentially okayed by the new york labor board endorsing what would be a virtual doubling in that minimum wage in short order and to take effect in stages over the next few years. what makes this a big keeldeal